Overview of Landlord-Tenant Laws in Hawaii

Hawaii laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Hawaii landlords and tenants.

Hawaii Rental Application and Tenant Screening Laws

Hawaii landlords can charge applicants a screening fee to cover the costs of obtaining information about the applicant. The fee can cover the costs of obtaining personal reference checks, tenant reports, criminal background checks, and credit reports produced by any consumer credit reporting agency.

If the tenant requests it, landlords must provide a receipt for the application screening fee and a breakdown of costs covered by the fee.

Landlords must return any of the fee that isn't used within 30 days after the landlord has submitted the screening requests.

(Haw. Rev. Stat. § 521-46 (2024).)

Criminal History Screening

Hawaii does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history is discriminatory or has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

Hawaii's fair housing laws add ancestry, human immunodeficiency virus infection, and source of income to the list of protected categories. (Haw. Rev. Stat. §§ 368F-2, 515-3 (2024).)

For more information about Hawaii's fair housing laws, check out the list of fair housing resources provided by the Hawaii Housing Finance and Development Corporation.

Hawaii Security Deposit Laws

Hawaii landlords can charge up to one month's rent for a security deposit. (Haw. Rev. Stat. § 521-44(b) (2024).)

Pet Deposits

Hawaii landlords can charge up to one month's rent (in addition to the regular security deposit) for a pet security deposit. (Haw. Rev. Stat. § 521-44(b) (2024).)

Security Deposit Return

At the end of the tenancy, if the landlord plans to keep any portion of the security deposit, the landlord must notify the tenant in writing of the grounds for holding it, along with documentation of the costs of fixing any damage the landlord is claiming. Any remaining security deposit must be returned to the tenant within 14 days of the termination of the tenancy. The landlord doesn't need to provide documentation if the tenant left the rental for 20 or more days without paying rent or providing written notice to the landlord that they were leaving.

If the landlord doesn't provide the documentation and return any remaining security deposit to the tenant within the 14-day deadline, the landlord may not keep any of the security deposit.

(Haw. Rev. Stat. § 521-44 (2024).)

Required Landlord Disclosures in Hawaii

In many states, landlords must disclose specific information to tenants and potential tenants. Hawaii landlords must disclose information about:

• Owner or agent identity: The landlord must disclose the name of owner or owner's agent; if owner lives in another state or on another island, the landlord must disclose the name of an agent on the island. (Haw. Rev. Stat. § 521-43 (2024).)
• Tax excise number: The landlord must furnish its tax excise number to tenants so tenants can file for a low-income tax credit when applicable. (Haw. Rev. Stat. § 521-43 (2024).)

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Hawaii Late Fees and Other Rent Rules

In Hawaii, rent is due on whatever day the landlord and tenant agree to. (Haw. Rev. Stat. § 521-21(b) (2024).)

Grace Periods and Late Fees

Hawaii law doesn't require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.

Hawaii landlords can charge late fees if they are explained in the lease or rental agreement. The late fee can't exceed 8% of the rent due. (Haw. Rev. Stat. § 521-21(f) (2024).)

Rent Increases

Hawaii landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, landlords can raise the rent by giving the tenant a written 45 days' notice. (Haw. Rev. Code § 521-21(d) (2024).)

Hawaii Landlords Must Provide Habitable Rentals

Like landlords in all states, Hawaii landlords must provide rentals that are safe and fit for human habitation. Specifically, Hawaii landlords must:

• comply with all applicable building and housing laws materially affecting health and safety
• keep common areas in a clean and safe condition
• make all repairs and arrangements necessary to put and keep the rental in a habitable condition
• maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition (subject to reasonable wear and tear)
• except for single-family residences, provide and maintain garbage receptacles and arrange for removal of garbage; and
• except for single-family residences, or when not required by law, provide for running water.

Landlords are required to inventory the rental before the tenant moves in. The inventory should detail the condition of the rental and any furnishings or appliances provided.

(Haw. Rev. Stat. § 521-42 (2024).)

Tenant Rights to Repair and Deduct and Withhold Rent in Hawaii

When faced with habitability problems caused by no fault of their own, Hawaii tenants have options.

Repair and Deduct

When a problem arises at the rental that involves electrical, plumbing, or other facilities (including major appliances) that are necessary to provide sanitary and habitable living conditions, the landlord has three business days after receiving notification of the problem to take good-faith steps to repair the problem as soon as possible. If the landlord believes that the problem will take longer than three days to fix, the landlord must inform the tenant about the reason for the delay and set a (reasonable) tentative date for the repairs to begin.

When a tenant encounters another type of problem at the rental that affects health or safety, the tenant must give the landlord written notification of the problem. The landlord has 12 business days to fix the issue (or to at least make a good-faith effort to get it fixed).

If the landlord doesn't fix the issue, the tenant can have the work done in a competent manner. The cost of the work can't be more than $500, though, and the tenant must submit receipts for the work to the landlord. A tenant's use of this remedy can't exceed an amount equal to three months' rent during a six-month period.

The tenant's notification to the landlord must list every condition that the tenant knows of (or should know of). If it doesn't, the tenant doesn't have the right to have it fixed.

(Haw. Rev. Stat. § 521-64 (2024).)

Rent Withholding

If the habitability problem is very serious, the landlord fails to repair it, and the tenant can't repair and deduct, the tenant has the right to withhold rent. However, withholding rent can be risky—once a tenant withholds rent, it's likely that the landlord will start eviction proceedings, and the tenant must be sure that the problem is serious enough to justify withholding rent.

Hawaii tenants can use the breach of the warranty of habitability as a defense to eviction for not paying rent. Tenants must make sure to have the unpaid funds available, though, because once the matter heads to court, they will have to transfer the unpaid rent into the court's rent trust fund.

(Haw. Rev. Stat. § 521-78 (2024).)

Small Claims Lawsuits in Hawaii

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Typically, small claims courts in Hawaii can hear cases in which the plaintiff—the person suing—isn't asking for more than $5,000. However, there is no limit in disputes over security deposits.

Small claims court procedures tend to be simpler than those of regular courts, and, although Hawaii allows parties to have lawyers, many people represent themselves.

Hawaii Termination and Eviction Rules

Hawaii landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to evict a tenant in Hawaii before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Hawaii include failure to pay rent, violating the lease or rental agreement, and dangerous or threatening behavior.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• 5-day notice to pay rent: When a tenant fails to pay rent when it's due, the landlord can give the tenant a written 5-day notice to pay rent. The notice must inform the tenant that the tenant has five days to pay the rent or the landlord will terminate the tenancy. If the tenant doesn't pay rent within five days, the landlord can file an eviction suit. (Haw. Rev. Stat. § 521-68 (2024).)
• 10-day notice to remedy: If the tenant violates the lease or rental agreement, the landlord can give the tenant a written 10-day notice to remedy. The notice must inform the tenant of the violation and that the tenancy will end if the violation isn't fixed within 10 days. If the violation continues, the landlord can file an eviction lawsuit within 30 days of the continuing breach. (Haw. Rev. Stat. § 521-72 (2024).)
• No notice required: If the tenant causes or threatens to cause serious damage to the rental or any person, the landlord isn't required to give the tenant any kind of notice before terminating the tenancy—the landlord can go straight to court and file an eviction lawsuit. (Haw. Rev. Stat. § 521-72 (2024).)

Hawaii law also allows landlords to evict tenants for causing a nuisance at the property. (Haw. Rev. Stat. § 666-3 (2024).)

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy. Here's what needs to happen for month-to-month tenancies and tenancies with a long-term lease.

Ending a Month-to-Month Tenancy Without Cause

If the tenant has a month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant a 45-day written notice. The tenant can leave at any time during that 45-day period, but must tell the landlord the day they're leaving. The landlord must prorate the rent to correspond with the amount of time the tenant actually remains at the rental after receiving the notice. (Haw. Rev. Stat. § 521-72(a) (2024).)

A tenant can terminate a month-to-month tenancy by giving the landlord a 28-day written notice. The tenant is responsible for paying rent for the full 28 days, even if they move out earlier. (Haw. Rev. Stat. § 521-72(b) (2024).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless the terms of the lease require it.

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.

Tenants who are facing an eviction (and landlords who are open to helping their tenants who might be facing eviction) should consider checking out the eviction prevention resources posted on the website of the Statewide Office on Homelessness and Housing Solutions.

Illegal Evictions

Under Hawaii law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't exclude the tenant from the rental or willfully cut services such as heat, running water, hot water, electricity, gas, or other essentials. If a landlord is found to have illegally evicted a tenant, the tenant has the right to move back into the rental or terminate the tenancy. The tenant might also be able to recover their costs of suing the landlord, including attorneys' fees. (Haw. Rev. Stat. § 521-63 (2024).)

Hawaii Rules About Landlords' Access to Property

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Hawaii tenants have a duty to allow a landlord's reasonable access to the rental to:

• inspect
• make necessary or agreed-upon repairs, decorations, alterations, or improvements
• supply services as agreed; or
• show the rental to prospective purchasers, mortgagees, or tenants.

For non-emergency situations, landlords must give the tenant at least two days' notice of the landlord's intent to enter, and must enter only during reasonable hours. (Haw. Rev. Stat. § 521-53 (2024).)

Landlords can also enter the rental during a tenant's extended absence to inspect, maintain, or keep the premises safe. (Haw. Rev. Stat. § 521-70(b) (2024).)

Where to Find Hawaii Landlord-Tenant Laws

If you want to read the text of a law itself, visit the Hawaii State Legislature's website. The state of Hawaii also maintains a handy pamphlet breaking down the state's landlord-tenant code deadlines.

Local Ordinances Affecting Hawaii Landlords and Tenants

Cities and counties often pass local ordinances, such as rent control rules, health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Hawaii and then search when you're on the site.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Hawaii.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Hawaii. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide