Hawaii Subletting, Lease Endings & Tenant Death
Hawaii rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Hawaii's official Landlord-Tenant Handbook lists, among the terms a landlord and tenant should agree on, whether the landlord's consent is required for the tenant to sublet the unit or assign the rental agreement. Hawaii Residential Landlord-Tenant Code Handbook (Office of Consumer Protection, DCCA), Rental Agreements, p. 3
The rules in Hawaii
| Subletting | Hawaii's official Landlord-Tenant Handbook lists, among the terms a landlord and tenant should agree on, whether the landlord's consent is required for the tenant to sublet the unit or assign the rental agreement. In other words, the rental agreement sets the rule. |
|---|---|
| When the lease ends | If a tenant stays after the rental agreement ends without the landlord's consent, the tenant is a holdover and may owe up to twice the monthly rent, prorated daily, for each day of staying. The landlord may file for summary possession at any time during the first 60 days of the holdover. If the landlord does not, and there is no new agreement, a month-to-month tenancy at the old rent begins at the end of the 60th day. A tenant who stays with the landlord's consent becomes a month-to-month tenant at the lease rent, per the state handbook. No Hawaii statute on automatic renewal clauses was verified. |
| If a tenant dies | A tenant may name a representative in the lease or a separate writing to collect or dispose of belongings if the tenant dies. After the death of the tenant (or all tenants), the landlord must notify the representative by registered mail (or the estate at the unit address); the tenancy ends 15 calendar days after the notice or on the date through which rent was paid, whichever is later. The landlord may then sell, store or donate valuable property (sale proceeds, after rent and costs, are held for the representative for 30 calendar days), and must account for the security deposit within 14 calendar days, paying any balance to the representative or estate. Added in 2024 (Act 33). If no representative is named or none comes forward, a family member who comes forward is treated as the representative. Property with no value, such as trash and perishable food, may be thrown away immediately. Source: HRS § 521-85 |
Hawaii vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Hawaii | Hawaii's official Landlord-Tenant Handbook lists, among the terms a landlord and tenant should agree on, whether the landlord's consent is required for the tenant to sublet the unit or assign the rental agreement. In other words, the rental agreement sets the rule. Hawaii Residential Landlord-Tenant Code Handbook (Office of Consumer Protection, DCCA), Rental Agreements, p. 3 | If a tenant stays after the rental agreement ends without the landlord's consent, the tenant is a holdover and may owe up to twice the monthly rent, prorated daily, for each day of staying. The landlord may file for summary possession at any time during the first 60 days of the holdover. If the landlord does not, and there is no new agreement, a month-to-month tenancy at the old rent begins at the end of the 60th day. A tenant who stays with the landlord's consent becomes a month-to-month tenant at the lease rent, per the state handbook. HRS § 521-71(e); Hawaii Landlord-Tenant Handbook (OCP), Termination of Tenancy | A tenant may name a representative in the lease or a separate writing to collect or dispose of belongings if the tenant dies. After the death of the tenant (or all tenants), the landlord must notify the representative by registered mail (or the estate at the unit address); the tenancy ends 15 calendar days after the notice or on the date through which rent was paid, whichever is later. The landlord may then sell, store or donate valuable property (sale proceeds, after rent and costs, are held for the representative for 30 calendar days), and must account for the security deposit within 14 calendar days, paying any balance to the representative or estate. HRS § 521-85 |
| California | A tenant may sublease or assign unless the rental agreement bars doing so without the landlord's prior consent; if it does, the tenant must get the landlord's permission. A lease clause requiring consent but giving no standard is read to mean consent will not be unreasonably withheld. With a sublease the original tenant stays responsible to the landlord for rent; with an assignment the new tenant becomes directly responsible to the landlord, but the original tenant is not released unless the landlord agrees. Cal. Dept. of Real Estate, California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 ed.) | A fixed-term lease ends automatically at the end of its term unless the lease says otherwise. If the tenant stays and the landlord accepts rent after the term ends, the tenant becomes a holdover with a periodic tenancy (for example, month-to-month if rent is paid monthly), and the other lease terms stay in effect. If the tenancy is not covered by just-cause protection and the landlord refuses rent after the term, the landlord may file an eviction case without further notice; if the tenancy is covered by the Tenant Protection Act or a local just-cause ordinance, it continues month-to-month until the tenant gives notice or the landlord has a legal reason to end it. Cal. Dept. of Real Estate, California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 ed.) | If a tenant with a fixed-term lease dies, the tenant's estate (through the executor or administrator) stays financially responsible for rent for the rest of the term; the estate may surrender the unit, but stays responsible until the landlord re-rents it, and the landlord must make a good-faith effort to re-rent. If the tenant had a week-to-week or month-to-month tenancy, the tenancy ends by notice of the tenant's death, on the 30th day after the tenant's last rent payment before death; no other notice is needed. The tenant's belongings are then handled under the rules for property left after a tenancy ends. Cal. Dept. of Real Estate, California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 ed.) |
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 Repairs & Tenant Remedies
- 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
- All Hawaii landlord-tenant rules
- Free legal help in Hawaii
Compare subletting, lease endings & tenant death in all 50 states and DC →
Hawaii Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Hawaii?
Hawaii's official Landlord-Tenant Handbook lists, among the terms a landlord and tenant should agree on, whether the landlord's consent is required for the tenant to sublet the unit or assign the rental agreement. In other words, the rental agreement sets the rule. (Hawaii Residential Landlord-Tenant Code Handbook (Office of Consumer Protection, DCCA), Rental Agreements, p. 3)
What happens when my lease ends in Hawaii?
If a tenant stays after the rental agreement ends without the landlord's consent, the tenant is a holdover and may owe up to twice the monthly rent, prorated daily, for each day of staying. The landlord may file for summary possession at any time during the first 60 days of the holdover. If the landlord does not, and there is no new agreement, a month-to-month tenancy at the old rent begins at the end of the 60th day. A tenant who stays with the landlord's consent becomes a month-to-month tenant at the lease rent, per the state handbook. (HRS § 521-71(e); Hawaii Landlord-Tenant Handbook (OCP), Termination of Tenancy)
What happens to a lease when a tenant dies in Hawaii?
A tenant may name a representative in the lease or a separate writing to collect or dispose of belongings if the tenant dies. After the death of the tenant (or all tenants), the landlord must notify the representative by registered mail (or the estate at the unit address); the tenancy ends 15 calendar days after the notice or on the date through which rent was paid, whichever is later. The landlord may then sell, store or donate valuable property (sale proceeds, after rent and costs, are held for the representative for 30 calendar days), and must account for the security deposit within 14 calendar days, paying any balance to the representative or estate. (HRS § 521-85)
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.