Hawaii Landlord-Tenant Law
The rules for renting in Hawaii — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Hawaii
- Security deposit limit
- 1 month's rent, plus an optional pet deposit of up to 1 month's rent (only if the tenant has a pet; never for an assistance animal). At move-in the landlord may collect only the first month's rent and the security deposit. HRS § 521-44(b)
- Deposit return deadline
- 14 days after the rental agreement ends. HRS § 521-44(c)
- Notice for unpaid rent
- From Feb. 5, 2026: written notice of at least 10 calendar days to pay, on a form with required contents, with a copy provided to a state-funded mediation center. If the tenant schedules mediation within the 10 days, the landlord may not file until 20 calendar days after the tenant received the notice (unless the tenant skips or cancels mediation), and the landlord must participate. HRS § 521-68 (as amended by Act 278, SLH 2025)
- Ending a month-to-month lease
- Landlord: at least 45 days' written notice (120 days if for demolition, condo conversion, or transient vacation rental use). Tenant: at least 28 days' written notice. Tenancies shorter than month-to-month: 10 days. HRS § 521-71(a)-(d)
- Landlord entry notice
- At least 2 days' notice and entry only at reasonable hours, except in an emergency or where impracticable. No other right of entry except by court order or apparent abandonment. HRS § 521-53
- Rent control / increase limits
- No rent control in Hawaii; no limit on the amount of a rent increase. Notice of increase: at least 45 days for month-to-month tenancies, 15 days for shorter tenancies. HRS § 521-21(d)-(e); Office of Consumer Protection Landlord-Tenant Handbook
Last verified against official sources: 2026-10-22
Security Deposits in Hawaii
| Security deposit limit | 1 month's rent, plus an optional pet deposit of up to 1 month's rent (only if the tenant has a pet; never for an assistance animal). At move-in the landlord may collect only the first month's rent and the security deposit. Source: HRS § 521-44(b) |
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| Deposit return deadline | 14 days after the rental agreement ends. Compliance is presumed if mailed to the tenant's supplied address and postmarked by midnight of the 14th day. Tenant must sue within 1 year. Source: HRS § 521-44(c) |
| Itemized deductions | Written notice of the particulars and grounds for any retention, with written evidence of costs (estimates, invoices, receipts), within 14 days. If the landlord fails to do so, it may not keep any of the deposit and must return all of it. Not required if the tenant wrongfully quit (absence of 20+ days without notice while rent unpaid is deemed wrongful quitting, § 521-44(d)). Source: HRS § 521-44(c) |
| Interest on deposits | Not required. |
| Penalty for withholding | Wrongful and wilful retention: court may award up to 3 times the amount wrongfully and wilfully retained, plus costs. Wrongful (not wilful) retention: the amount wrongfully retained plus costs. Deposit disputes go to the small claims division of district court, where attorneys are not allowed (§ 521-44(g)-(h)). Source: HRS § 521-44(h) |
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Eviction in Hawaii
| Notice for unpaid rent | From Feb. 5, 2026: written notice of at least 10 calendar days to pay, on a form with required contents, with a copy provided to a state-funded mediation center. If the tenant schedules mediation within the 10 days, the landlord may not file until 20 calendar days after the tenant received the notice (unless the tenant skips or cancels mediation), and the landlord must participate. Mediation pilot runs Feb. 5, 2026 - Feb. 4, 2028 (repeal and reenactment then), but the 10-calendar-day notice period in subsection (a) is exempt from the sunset. Previously 5 business days. Posted notice is received on posting; mailed notice is deemed received 2 business days after postmark. |
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| Notice for lease violations | Written notice giving at least 10 days to remedy a material noncompliance with tenant obligations (§ 521-51) or a breach of a building rule (§ 521-72). No cure period if the breach causes or threatens irremediable damage to a person or property. For rule violations, landlord must file within 30 days after the continued or recurring breach (§ 521-72(b)). Source: HRS §§ 521-69(a), 521-72(a) |
| Lockouts & utility shutoffs | Lockout: if the landlord removes or excludes the tenant overnight without cause or court order, the tenant may recover possession or terminate and recover 2 months' rent (or 2 months' free occupancy) plus costs and attorney's fees. Utility shutoff: landlord may not wilfully interrupt water, hot water, electric, gas, or other essential service to regain possession; it is an unfair and deceptive practice with minimum damages of the greater of 3 times the monthly rent or $1,000. § 521-74.5 text at https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0074_0005.htm Source: HRS §§ 521-63(c), 521-74.5 |
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Notice to Vacate in Hawaii
| Ending a month-to-month lease | Landlord: at least 45 days' written notice (120 days if for demolition, condo conversion, or transient vacation rental use). Tenant: at least 28 days' written notice. Tenancies shorter than month-to-month: 10 days. Holdover tenant may owe up to twice the monthly rent, prorated daily (§ 521-71(e)). Source: HRS § 521-71(a)-(d) |
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Landlord Entry in Hawaii
| Landlord entry notice | At least 2 days' notice and entry only at reasonable hours, except in an emergency or where impracticable. No other right of entry except by court order or apparent abandonment. Repeated unreasonable entry: tenant may terminate; circuit court may enjoin and fine up to $100 (§ 521-73). Source: HRS § 521-53 |
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Repairs & Habitability in Hawaii
| Repair and deduct | Yes. If the landlord fails to begin repairs within 12 business days of written notice (3 business days for essential electrical, plumbing, or appliance repairs; 7 calendar days after a health/safety agency notice), the tenant may make the repair and deduct up to $1,000 or one month's rent, whichever is greater, with receipts. Total repair costs charged to the landlord may not exceed 3 months' rent in any 6-month period. Deduction limit raised to the greater of $1,000 or one month's rent by Act 32, SLH 2024. Source: HRS § 521-64 |
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| Withholding rent | No general statutory rent withholding right beyond repair-and-deduct. In any court case where rent payment is disputed, either party can ask the court to order disputed rent deposited into a court rent trust fund; a tenant who cannot deposit it loses possession. Case notes to § 521-68 indicate breach of the implied warranty of habitability can be raised as a defense to a nonpayment eviction (61 H. 144 (1979)). Source: HRS § 521-78 |
| Retaliation protection | While the tenant keeps paying rent, the landlord may not evict, force the tenant out, raise rent, or cut services after the tenant in good faith complains to a government agency or the landlord about health or code violations, an agency cites a violation, or the tenant requests repairs under §§ 521-63/521-64. No fixed presumption period. Tenant recovers damages plus costs and reasonable attorney's fees. Exceptions include waste/nuisance, good-faith owner occupancy, substantial remodeling, and a termination notice given before the complaint. Source: HRS § 521-74 |
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Rent Increases & Late Fees in Hawaii
| Rent control / increase limits | No rent control in Hawaii; no limit on the amount of a rent increase. Notice of increase: at least 45 days for month-to-month tenancies, 15 days for shorter tenancies. Whether state law preempts county rent control was not verified (HRS § 666-20 references old emergency rent control powers that have been repealed). |
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| Late fees | Late charge may not exceed 8% of the rent due. No statutory grace period. Source: HRS § 521-21(f) |
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Breaking a Lease in Hawaii
| Ending a lease: domestic violence | A tenant under a rental agreement of 1 year or less may terminate without penalty, fees, or liability for future rent if the tenant or a resident immediate family member was a domestic violence victim in the 90 days before notice. Written notice at least 14 days before the termination date, which must be no more than 104 days after the most recent act. Notice must include one of: certified restraining orders, injunctions against harassment, or criminal-case documents; documentation from a victim services or domestic violence program or shelter; or documentation from a medical or mental health provider, attorney, advocate, social worker or clergy member consulted about the violence; plus a written statement that the tenant reasonably believes the abuser knows where the tenant lives (unless the abuser lives in the same unit). Tenant owes rent through the termination date. Co-tenants stay bound if they can show ability to pay. Victims may also have locks changed. 'Domestic violence' is defined in § 521-79 by cross-reference (not reviewed in detail). Source: HRS §§ 521-80, 521-81 |
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| Ending a lease: military, medical, death | Servicemember: may end a lease of 1 year or less without penalty on 30 days' written notice (15 days for month-to-month) if military orders require moving into on-post government quarters, not moving would forfeit the housing allowance, and the commanding officer denied a request to keep the allowance; notice must include orders or commanding-officer verification and proof of the denial. If a servicemember dies on active duty, an adult family member may terminate on 15 days' notice with the death certificate and proof of active duty. Tenant death: the tenancy ends 15 days after the landlord notifies the tenant's designated representative or estate, or the paid-through date if later. No state statute for medical or senior moves found. Source: HRS §§ 521-83, 521-85 |
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Squatters & Abandoned Property in Hawaii
| Belongings left behind | When a tenant has wrongfully quit, or left after a notice to quit or the end of the term, and abandoned belongings the landlord in good faith thinks have value, the landlord may sell them in a commercially reasonable manner, store them at the tenant's expense, or donate them to charity. Before selling or donating, the landlord must mail notice of the items, their location, and the intent to sell or donate to the tenant's forwarding or designated address (or last known address), and may not sell or donate until 15 days after mailing; a sale must be advertised in a daily newspaper for at least 3 consecutive days. Sale proceeds, after accrued rent and storage/sale/advertising costs, are held in trust for the tenant for 30 days, then forfeited to the landlord. Items of no value may be disposed of. Deceased tenant: the landlord must notify the tenant's designated representative (registered mail) or the estate; the tenancy ends 15 days after notice or the paid-through date, whichever is later, after which remaining property may be sold, stored or donated. § 521-85: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0085.htm. Handling of belongings at writ-of-possession execution (ch. 666) not reviewed. Source: HRS §§ 521-56, 521-85 |
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Rental Fees in Hawaii
| Application / screening fees | Allowed only to cover the actual costs of screening (reference checks, tenant reports, criminal background checks, credit reports), and only for applicants 18 or older or emancipated minors. On request, the landlord must give a receipt and a breakdown of costs covered. Any unused portion must be returned within 30 days after the landlord submits the screening requests. No dollar cap. No portable-screening-report provision found. Source: HRS § 521-46 (Act 200, SLH 2023) |
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| Other rental fees | At the start of a tenancy the landlord may collect only the first month's rent and the security deposit (plus a pet deposit where allowed); no other move-in money. Late charges may not exceed 8% of the rent due. § 521-21: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0021.htm. No online-payment-fee or total-cost-of-rent rule found in ch. 521. Source: HRS §§ 521-44(b), 521-21(f) |
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Section 8, Records & Right to Counsel in Hawaii
| Section 8 / source of income | No statewide protection found. The fair housing law's protected classes in real estate transactions are race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; and HIV infection. Source of income and voucher status are not listed. Neither § 515-2 nor § 515-3, nor ch. 521, mentions source of income or Section 8. Possible voucher-related provisions elsewhere (e.g., advertising rules) not verified. Source: HRS § 515-3 |
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Mold, Pests, Heat & AC in Hawaii
| Mold | No statute — Hawaii's Residential Landlord-Tenant Code has no mold-specific disclosure or remediation rule. Mold is addressed under the landlord's general duties to comply with building and housing laws materially affecting health and safety and to make all repairs needed to keep the premises habitable. Tenants must keep their unit as clean and safe as conditions permit (§ 521-51(2)); mold caused by the tenant's conduct may be the tenant's responsibility. Source: HRS § 521-42(a)(1), (3) |
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| Pests & bed bugs | No statute — Hawaii law does not specifically assign pest or bed-bug treatment and has no bed-bug disclosure rule. Infestations are handled under the landlord's habitability and code-compliance duties and the tenant's duty to keep the unit clean and dispose of garbage properly. Except for single-family residences, the landlord must provide garbage receptacles and arrange frequent removal (§ 521-42(a)(5)). Lease terms commonly allocate termite and pest treatment. |
| Heat | No statute — Hawaii law does not require landlords to provide heat or set minimum indoor temperatures. Heating equipment the landlord supplies must be kept in good working order as one of the 'facilities and appliances supplied by the landlord.' Hot water is not separately required by § 521-42; the landlord must supply running water as reasonably required (except single-family residences). County housing codes may add requirements. Source: HRS § 521-42(a)(4) |
| Air conditioning | No statute — landlords are not required to provide air conditioning, and there is no maximum indoor temperature. If the landlord supplies A/C or fans, they must be maintained in good working order, subject to reasonable wear and tear. Whether A/C is included is a lease matter; check the move-in inventory required by § 521-42(a). Source: HRS § 521-42(a)(4) |
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Privacy, Guests & Animals in Hawaii
| Cameras & privacy | No landlord-specific statute. It is a crime to install or use, in any private place and without consent of those entitled to privacy there, a device to observe, record, amplify, or broadcast sounds or events (violation of privacy in the second degree), or to capture a person in a stage of undress or sexual activity (first degree, a class C felony). It is also an offense to trespass for surveillance or to use an outside device to pick up sounds from a private place not ordinarily audible outside. Landlord entry generally requires at least two days' notice, during reasonable hours, and may not be used to harass. A rented home is a private place for its occupants; landlord cameras or audio devices inside a tenant's unit without consent are likely unlawful. Exterior or common-area cameras are not specifically regulated. |
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| Guests & occupants | No statute — the lease governs guests, occupancy limits, and roommates. The Code defines a dwelling unit as used by one person or by persons maintaining a common household, and the tenant may be bound by reasonable written rules the landlord can show are needed to protect the property and people. Tenants are responsible for damage by people on the premises with their permission (§ 521-51(6)). Occupancy limits come from county codes and federal fair-housing standards. Source: HRS §§ 521-8; 521-51(6), (8) |
| Service & support animals (state law) | Refusing a reasonable accommodation needed by a person with a disability is a discriminatory practice; for an assistance animal (including service, therapy, comfort, or emotional support animals, trained or untrained, any species), reasonable restrictions may be imposed. If the disability or need is not readily apparent, the owner may request verification (e.g., a letter from the treating health care professional, mental health professional, or social worker), but may not request medical records or ask about diagnosis, nature, or severity. Online vests, tags, or registrations are not valid verification. No pet deposit may be charged for an assistance animal that is a reasonable accommodation. Knowingly misrepresenting an animal as a service animal carries a civil fine of $100–$250 (first violation) and at least $500 for later violations. Section 515-3 was last amended in 2022 (Act 154). The misrepresentation penalty (§ 347-2.6, 2018) applies to service animals, not ESAs: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0347/HRS_0347-0002_0006.htm |
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How eviction works in Hawaii
Eviction cases are heard in: District Court of the circuit where the premises are located.
- Notice: 10-calendar-day pay-or-terminate notice with mediation-center copy (nonpayment); 10-day cure notice (lease or rule violations); 45-day notice (month-to-month)
- Optional pre-filing mediation in nonpayment cases (Act 278 pilot, Feb. 5, 2026 - Feb. 4, 2028); filing not before day 20 if mediation scheduled
- Landlord files summary possession complaint (nonpayment complaints must show the notice was sent to the mediation center)
- Summons returnable at a hearing date set under court rules; tenant appears at the return hearing
- Judgment for possession; in nonpayment cases the writ is stayed if the tenant pays rent, 8% interest, costs, and landlord's attorney's fees before the writ issues
- Writ of possession executed by the sheriff, police officer, or authorized civil process server
The tenant must appear in court, or file a written answer, by the return day in the summons: the next court session at least 5 days after service if served in the same circuit, or at least 7 days after service if served in another circuit. If the tenant cannot be found in Hawaii, the return day is the next session at least 10 days after the court-ordered posting and mailing. Appearing without a written answer counts as a general denial.
What surprises people about Hawaii rental law
- Nonpayment notice lengthened to 10 calendar days, and landlords must send a copy to a free mediation center; tenant-requested mediation is mandatory for landlords during the Feb. 2026 - Feb. 2028 pilot (HRS § 521-68; Hawaii OCP Act 278 FAQ)
- Repair-and-deduct allows up to $1,000 or one month's rent, whichever is greater (HRS § 521-64, Act 32 SLH 2024)
- Turning off a tenant's utilities to force them out carries minimum damages of 3 times the monthly rent or $1,000, whichever is greater (HRS § 521-74.5)
- Landlord and tenant cannot use attorneys in small claims security deposit cases (HRS § 521-44(h)(4))
- If the landlord does not do a signed move-in inventory, the unit is presumed to have been returned in the same condition (HRS § 521-42(a))
- Landlord may not demand anything at move-in beyond first month's rent and the deposit (HRS § 521-44(b))
Federal law that also applies in Hawaii
These federal rules apply on top of Hawaii law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Hawaii
These cities add their own tenant protections on top of state law:
Eviction by county in Hawaii
Which court hears evictions, filing fees, local rent levels and help:
For landlords
How to evict a tenant in Hawaii — steps, cost, timeline and forms.
Common Hawaii questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Hawaii compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Hawaii | 1 month's rent, plus an optional pet deposit of up to 1 month's rent (only if the tenant has a pet; never for an assistance animal). At move-in the landlord may collect only the first month's rent and the security deposit. HRS § 521-44(b) | 14 days after the rental agreement ends. HRS § 521-44(c) | From Feb. 5, 2026: written notice of at least 10 calendar days to pay, on a form with required contents, with a copy provided to a state-funded mediation center. If the tenant schedules mediation within the 10 days, the landlord may not file until 20 calendar days after the tenant received the notice (unless the tenant skips or cancels mediation), and the landlord must participate. HRS § 521-68 (as amended by Act 278, SLH 2025) |
| California | One month's rent, in addition to the first month's rent. Small-landlord exception: up to two months' rent if the landlord is a natural person (or an LLC whose members are all natural persons) who owns no more than two residential rental properties with no more than four units in total. The exception does not apply if the prospective tenant is a service member. Cal. Civ. Code § 1950.5(c)(1), (c)(5) | No later than 21 calendar days after the tenant vacates. The landlord must return the remaining deposit with an itemized statement. Cal. Civ. Code § 1950.5(h)(1) | 3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. Cal. Civ. Proc. Code § 1161(2) |
Hawaii landlord-tenant FAQ
How much can a landlord charge for a security deposit in Hawaii?
1 month's rent, plus an optional pet deposit of up to 1 month's rent (only if the tenant has a pet; never for an assistance animal). At move-in the landlord may collect only the first month's rent and the security deposit. (HRS § 521-44(b))
How long does a landlord have to return a security deposit in Hawaii?
14 days after the rental agreement ends. (HRS § 521-44(c))
Does a landlord have to pay interest on a security deposit in Hawaii?
Not required. (HRS § 521-44; Hawaii Office of Consumer Protection Landlord-Tenant Handbook (Q&A))
Does a landlord in Hawaii have to give an itemized list of deposit deductions?
Written notice of the particulars and grounds for any retention, with written evidence of costs (estimates, invoices, receipts), within 14 days. If the landlord fails to do so, it may not keep any of the deposit and must return all of it. (HRS § 521-44(c))
What happens if a landlord in Hawaii wrongfully keeps a security deposit?
Wrongful and wilful retention: court may award up to 3 times the amount wrongfully and wilfully retained, plus costs. Wrongful (not wilful) retention: the amount wrongfully retained plus costs. (HRS § 521-44(h))
How much notice does a landlord have to give before evicting for unpaid rent in Hawaii?
From Feb. 5, 2026: written notice of at least 10 calendar days to pay, on a form with required contents, with a copy provided to a state-funded mediation center. If the tenant schedules mediation within the 10 days, the landlord may not file until 20 calendar days after the tenant received the notice (unless the tenant skips or cancels mediation), and the landlord must participate. (HRS § 521-68 (as amended by Act 278, SLH 2025))
How much notice is required to evict for a lease violation in Hawaii?
Written notice giving at least 10 days to remedy a material noncompliance with tenant obligations (§ 521-51) or a breach of a building rule (§ 521-72). No cure period if the breach causes or threatens irremediable damage to a person or property. (HRS §§ 521-69(a), 521-72(a))
How much notice is needed to end a month-to-month lease in Hawaii?
Landlord: at least 45 days' written notice (120 days if for demolition, condo conversion, or transient vacation rental use). Tenant: at least 28 days' written notice. Tenancies shorter than month-to-month: 10 days. (HRS § 521-71(a)-(d))
Can a landlord enter without notice in Hawaii?
At least 2 days' notice and entry only at reasonable hours, except in an emergency or where impracticable. No other right of entry except by court order or apparent abandonment. (HRS § 521-53)
Is there a limit on late fees in Hawaii?
Late charge may not exceed 8% of the rent due. No statutory grace period. (HRS § 521-21(f))
Can a tenant repair and deduct from rent in Hawaii?
Yes. If the landlord fails to begin repairs within 12 business days of written notice (3 business days for essential electrical, plumbing, or appliance repairs; 7 calendar days after a health/safety agency notice), the tenant may make the repair and deduct up to $1,000 or one month's rent, whichever is greater, with receipts. Total repair costs charged to the landlord may not exceed 3 months' rent in any 6-month period. (HRS § 521-64)
Can a tenant withhold rent for repairs in Hawaii?
No general statutory rent withholding right beyond repair-and-deduct. In any court case where rent payment is disputed, either party can ask the court to order disputed rent deposited into a court rent trust fund; a tenant who cannot deposit it loses possession. (HRS § 521-78)
Can a landlord retaliate against a tenant for complaining in Hawaii?
While the tenant keeps paying rent, the landlord may not evict, force the tenant out, raise rent, or cut services after the tenant in good faith complains to a government agency or the landlord about health or code violations, an agency cites a violation, or the tenant requests repairs under §§ 521-63/521-64. No fixed presumption period. Tenant recovers damages plus costs and reasonable attorney's fees. (HRS § 521-74)
Is there rent control or a limit on rent increases in Hawaii?
No rent control in Hawaii; no limit on the amount of a rent increase. Notice of increase: at least 45 days for month-to-month tenancies, 15 days for shorter tenancies. (HRS § 521-21(d)-(e); Office of Consumer Protection Landlord-Tenant Handbook)
Can a landlord change the locks or shut off utilities in Hawaii?
Lockout: if the landlord removes or excludes the tenant overnight without cause or court order, the tenant may recover possession or terminate and recover 2 months' rent (or 2 months' free occupancy) plus costs and attorney's fees. Utility shutoff: landlord may not wilfully interrupt water, hot water, electric, gas, or other essential service to regain possession; it is an unfair and deceptive practice with minimum damages of the greater of 3 times the monthly rent or $1,000. (HRS §§ 521-63(c), 521-74.5)
What is the small claims court limit in Hawaii for a deposit dispute?
$5,000 for money claims; security deposit disputes have no dollar limit and belong exclusively to small claims (concurrent with district court in a summary possession case). (HRS § 633-27(a))
What can a landlord do with a tenant's abandoned property in Hawaii?
When a tenant has wrongfully quit, or left after a notice to quit or the end of the term, and abandoned belongings the landlord in good faith thinks have value, the landlord may sell them in a commercially reasonable manner, store them at the tenant's expense, or donate them to charity. Before selling or donating, the landlord must mail notice of the items, their location, and the intent to sell or donate to the tenant's forwarding or designated address (or last known address), and may not sell or donate until 15 days after mailing; a sale must be advertised in a daily newspaper for at least 3 consecutive days. Sale proceeds, after accrued rent and storage/sale/advertising costs, are held in trust for the tenant for 30 days, then forfeited to the landlord. Items of no value may be disposed of. Deceased tenant: the landlord must notify the tenant's designated representative (registered mail) or the estate; the tenancy ends 15 days after notice or the paid-through date, whichever is later, after which remaining property may be sold, stored or donated. (HRS §§ 521-56, 521-85)
Is there a limit on rental application fees in Hawaii?
Allowed only to cover the actual costs of screening (reference checks, tenant reports, criminal background checks, credit reports), and only for applicants 18 or older or emancipated minors. On request, the landlord must give a receipt and a breakdown of costs covered. Any unused portion must be returned within 30 days after the landlord submits the screening requests. No dollar cap. (HRS § 521-46 (Act 200, SLH 2023))
What rental fees are banned or limited in Hawaii?
At the start of a tenancy the landlord may collect only the first month's rent and the security deposit (plus a pet deposit where allowed); no other move-in money. Late charges may not exceed 8% of the rent due. (HRS §§ 521-44(b), 521-21(f))
Can a domestic violence survivor break a lease in Hawaii?
A tenant under a rental agreement of 1 year or less may terminate without penalty, fees, or liability for future rent if the tenant or a resident immediate family member was a domestic violence victim in the 90 days before notice. Written notice at least 14 days before the termination date, which must be no more than 104 days after the most recent act. Notice must include one of: certified restraining orders, injunctions against harassment, or criminal-case documents; documentation from a victim services or domestic violence program or shelter; or documentation from a medical or mental health provider, attorney, advocate, social worker or clergy member consulted about the violence; plus a written statement that the tenant reasonably believes the abuser knows where the tenant lives (unless the abuser lives in the same unit). Tenant owes rent through the termination date. Co-tenants stay bound if they can show ability to pay. Victims may also have locks changed. (HRS §§ 521-80, 521-81)
When can a tenant break a lease without penalty in Hawaii?
Servicemember: may end a lease of 1 year or less without penalty on 30 days' written notice (15 days for month-to-month) if military orders require moving into on-post government quarters, not moving would forfeit the housing allowance, and the commanding officer denied a request to keep the allowance; notice must include orders or commanding-officer verification and proof of the denial. If a servicemember dies on active duty, an adult family member may terminate on 15 days' notice with the death certificate and proof of active duty. Tenant death: the tenancy ends 15 days after the landlord notifies the tenant's designated representative or estate, or the paid-through date if later. No state statute for medical or senior moves found. (HRS §§ 521-83, 521-85)
Can a landlord refuse Section 8 vouchers in Hawaii?
No statewide protection found. The fair housing law's protected classes in real estate transactions are race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; and HIV infection. Source of income and voucher status are not listed. (HRS § 515-3)
What does a Hawaii notice to pay rent or quit have to include?
From Feb. 5, 2026: written notice demanding payment within at least 10 calendar days after receipt or the rental agreement will be terminated. Must include: landlord/agent name and contact information (phone, e-mail, mailing address if possible); the unit address; names and contact information of all tenants on the agreement; the current rent due after applying all payments from all sources; notice that a copy is being sent to a state-funded mediation center; notice that the landlord may file for summary possession if rent is unpaid and mediation is not scheduled within 10 days; a bold-type warning in substantially the statutory form explaining the 10-day and 20-day filing rules; and notice that the landlord must mediate if mediation is scheduled. Delivery: posting conspicuously on the unit (received on posting) or U.S. mail (received 2 business days after postmark); a copy must go to a state-funded mediation center. The Judiciary must publish a notice form. (HRS § 521-68(a)-(c) (as amended by Act 278, SLH 2025))
What does a Hawaii notice to end a month-to-month tenancy have to include?
Month-to-month: landlord must give written notice at least 45 days before the termination date (tenant may leave earlier within that period on notice, paying prorated rent); tenant must give written notice at least 28 days before. 120 days' written notice if the landlord plans demolition, condo conversion, or conversion to transient vacation rentals. Tenancies shorter than month-to-month: 10 days' notice. No required wording or delivery method beyond writing. (HRS § 521-71(a)-(d))
What must a Hawaii security deposit itemization include?
Within 14 days after the rental agreement ends, written notice of the particulars of and grounds for any amount kept, with written evidence of costs (estimates or invoices for materials and services, or receipts or charges for cleaning), and return of the balance. Not required if the tenant wrongfully quit. If the notice is not given within 14 days, the landlord must return the entire deposit. Compliance is presumed if mailed to the tenant's supplied address and postmarked by the 14th day. (HRS § 521-44(c))
How long does a landlord have to sue for unpaid rent in Hawaii?
6 years from when the claim arises, for an action to recover a debt founded on any contract, obligation, or liability. This covers unpaid rent and lease damages, and Hawaii uses the same period whether the lease is written or oral. (HRS § 657-1(1))
Can a landlord accept rent during an eviction in Hawaii?
No, once a case is filed. When a landlord has brought an eviction proceeding (summary possession, ejectment or otherwise), accepting rent during the litigation is not treated as recognizing the tenancy and does not prejudice the landlord's rights. If the eviction succeeds, rent paid is treated as damages for withholding possession. No statute addresses accepting rent after a notice but before filing. (HRS § 666-5)
Can you be evicted in the winter in Hawaii?
No statute — Hawaii's Residential Landlord-Tenant Code (HRS ch. 521) has no cold-weather or seasonal limit on evictions. During governor-declared wildfire emergencies, special pre-litigation mediation and notice rules can apply (§ 521-84). (HRS ch. 521; § 521-84)
Can a landlord give notice by text or email in Hawaii?
There is no general statute on how notices are served. A notice counts as received when it actually comes to the person's attention or is delivered to the place of business where the rental agreement was made, or any place held out for receiving such communications (§ 521-9). For the nonpayment notice, as reenacted effective Feb. 5, 2026, the landlord may post it conspicuously on the unit, and it is deemed received on the posting date. If mailed by USPS, it is deemed received 2 business days after the postmark unless returned. The notice must give at least 10 calendar days to pay and must also go to a state-funded mediation center. Termination notices for month-to-month tenancies must be in writing (§ 521-71). No statute authorizes e-mail or text service. (HRS §§ 521-9, 521-68 (eff. Feb. 5, 2026, L 2025 c 278), 521-71)
How much notice is required for a rent increase in Hawaii?
Month-to-month: the landlord must give written notice at least 45 consecutive days before the increase takes effect. Tenancies shorter than month-to-month (e.g., week-to-week): at least 15 consecutive days' written notice. A termination notice given to get around these rules is void. Fixed-term leases follow their own terms. (HRS § 521-21(d), (e); § 521-71(f))
Does a landlord have to give a copy of the lease in Hawaii?
Yes. If the rental agreement is written, the landlord must give the tenant a copy. At or before move-in, the landlord must also disclose in writing the name and address of each property manager and of each owner (or the owner's agent for legal papers, rent, and notices), and keep this current. A landlord who lives out of state or on another island must name an agent on the same island in the written rental agreement. The landlord must give receipts for rent paid (a canceled check counts) and provide its general excise tax number to tenants. In multi-unit buildings, the owner/manager information may instead be posted as the statute specifies. (HRS § 521-43(a), (d)-(h))
Does a landlord have to fix mold in Hawaii?
No statute — Hawaii's Residential Landlord-Tenant Code has no mold-specific disclosure or remediation rule. Mold is addressed under the landlord's general duties to comply with building and housing laws materially affecting health and safety and to make all repairs needed to keep the premises habitable. (HRS § 521-42(a)(1), (3))
Who pays for pest control and bed bugs in Hawaii?
No statute — Hawaii law does not specifically assign pest or bed-bug treatment and has no bed-bug disclosure rule. Infestations are handled under the landlord's habitability and code-compliance duties and the tenant's duty to keep the unit clean and dispose of garbage properly. (HRS §§ 521-42(a)(1), (3), (5); 521-51(2), (3))
Does a landlord have to provide heat in Hawaii?
No statute — Hawaii law does not require landlords to provide heat or set minimum indoor temperatures. Heating equipment the landlord supplies must be kept in good working order as one of the 'facilities and appliances supplied by the landlord.' (HRS § 521-42(a)(4))
Does a landlord have to provide air conditioning in Hawaii?
No statute — landlords are not required to provide air conditioning, and there is no maximum indoor temperature. If the landlord supplies A/C or fans, they must be maintained in good working order, subject to reasonable wear and tear. (HRS § 521-42(a)(4))
What can a landlord deduct from a deposit for cleaning or damage in Hawaii?
Defined by statute: 'normal wear and tear' means deterioration or depreciation in value by ordinary and reasonable use, but does not include items missing from the unit. The deposit may be used for tenant damage beyond that, unpaid rent, unreturned keys/fobs/openers, cleaning the unit to return it to the condition at move-in, damage by an allowed pet (from the separate pet deposit), and unpaid landlord-provided utilities. Cleaning charges must be supported with written evidence such as receipts or cleaning-service charges. Painting and carpet are not specifically addressed. (HRS §§ 521-8; 521-44(a), (c); 521-51(7))
Can a landlord put cameras in or around a rental in Hawaii?
No landlord-specific statute. It is a crime to install or use, in any private place and without consent of those entitled to privacy there, a device to observe, record, amplify, or broadcast sounds or events (violation of privacy in the second degree), or to capture a person in a stage of undress or sexual activity (first degree, a class C felony). It is also an offense to trespass for surveillance or to use an outside device to pick up sounds from a private place not ordinarily audible outside. Landlord entry generally requires at least two days' notice, during reasonable hours, and may not be used to harass. (HRS §§ 711-1111(1)(a), (d), (e); 711-1110.9; 521-53)
Can a landlord limit guests or roommates in Hawaii?
No statute — the lease governs guests, occupancy limits, and roommates. The Code defines a dwelling unit as used by one person or by persons maintaining a common household, and the tenant may be bound by reasonable written rules the landlord can show are needed to protect the property and people. (HRS §§ 521-8; 521-51(6), (8))
Can a landlord deny a service or emotional support animal in Hawaii?
Refusing a reasonable accommodation needed by a person with a disability is a discriminatory practice; for an assistance animal (including service, therapy, comfort, or emotional support animals, trained or untrained, any species), reasonable restrictions may be imposed. If the disability or need is not readily apparent, the owner may request verification (e.g., a letter from the treating health care professional, mental health professional, or social worker), but may not request medical records or ask about diagnosis, nature, or severity. Online vests, tags, or registrations are not valid verification. No pet deposit may be charged for an assistance animal that is a reasonable accommodation. Knowingly misrepresenting an animal as a service animal carries a civil fine of $100–$250 (first violation) and at least $500 for later violations. (HRS §§ 515-3(a)(9), (b); 521-44(b)(1)(B); 347-2.6)
Official resources for Hawaii
- Hawaii DCCA Landlord-Tenant Information Center (incl. Act 278 FAQ)
- Hawaii Residential Landlord-Tenant Handbook (OCP)
- HRS Chapter 521 (Residential Landlord-Tenant Code)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.