Hawaii Repairs & Tenant Remedies
Hawaii rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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; HRS § 521-64
The rules 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 |
|---|---|
| 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 |
| Landlord retaliation | 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 |
Related questions
Hawaii vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| 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 | 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 | 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 |
| California | If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice (presumed 30 days), the tenant may repair and deduct the cost, up to one month's rent, or move out. The remedy may be used no more than twice in any 12-month period. Cal. Civ. Code § 1942 | By statute, a landlord may not demand or collect rent, raise rent, or serve a 3-day pay-or-quit notice when all of these are true: the unit is substantially substandard, a housing inspector has given the landlord written notice to repair, and the conditions remain unabated 35 days later without good cause. The tenant can recover actual damages plus $100 to $5,000 in special damages and attorney's fees. Cal. Civ. Code § 1942.4 | A landlord may not evict, raise rent, or reduce services within 180 days after the tenant, in good faith, gives a repair notice under § 1942, reports a suspected bed bug infestation, complains about habitability, complains to a housing agency, or takes part in a related inspection, lawsuit, or arbitration. This applies only if the tenant is not behind on rent, and a tenant may invoke it once per 12 months. Retaliation for organizing or joining a tenants' association, or for exercising other legal rights, is also unlawful. Threatening to report a tenant to immigration authorities counts as retaliation. Cal. Civ. Code § 1942.5 |
City rules that may add to state law
More Hawaii rental law
- Hawaii Security Deposit Law
- Hawaii Eviction Laws
- Hawaii Notice to Vacate Rules
- Landlord Entry Rules in Hawaii
- Hawaii Rent Increase & Late Fee Laws
- Breaking a Lease in Hawaii
- Squatters' Rights in Hawaii
- Hawaii Rental Fee Rules
- Hawaii Section 8, Records & Right to Counsel
- Hawaii Mold, Pests, Heat & AC Rules
- Hawaii Privacy, Guests & Animal Rules
- Hawaii Landlord Selling the House
- Hawaii Lockouts, Utility Shutoffs & Retaliation
- Hawaii Subletting, Lease Endings & Tenant Death
- All Hawaii landlord-tenant rules
- Free legal help in Hawaii
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Hawaii Repairs & Tenant Remedies FAQ
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)
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.