Under Hawaii law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under the Residential Landlord-Tenant Code such as the right to timely rent payments and a livable dwelling.Note: These rights cannot be waived regardless of what the rental agreement says.
In Hawaii, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Hawaii’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | No | Only If Provided |
| Hot Water | Usually | Only If Provided |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Usually | Usually |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Hawaii landlords must perform necessary repairs in a timely manner. The amount of time allowed for repairs depends on the specific issue, but in most cases it’s twelve business days. If repairs aren’t made in a timely manner, Hawaii tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Read more
Evictions in Hawaii require filing an order with the court. Hawaii landlords are permitted to evict tenants for the following reasons:
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons. Hawaii tenants cannot be evicted for using medical marijuana, provided they have a license and the unit is not smoke-free.
It’s illegal for Hawaii landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If a tenant wishes to terminate a lease then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 28 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: If a Hawaii tenant wishes to break a lease early then they may do so for the following reasons:
If a Hawaii tenant terminates a lease early, then they may be liable to pay the rest of the lease. Hawaii landlords are legally obligated to facilitate the re-rental process.
If a Hawaii tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Hawaii does not have rent control. However, state law does not prohibit cities and towns from creating their own rent control laws.
Because Hawaii does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 45 days’ notice to month-to-month tenants and 15 days’ notice to week-to-week tenants.
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, familial status, sex (including gender identity and sexual orientation), or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. State law also adds discrimination protection for individuals based on marital status, source of income, age, and HIV status.
Discriminatory Acts and Penalties: The Hawaii Civil Rights Commission handles cases relating to housing discrimination. The following behaviors may be interpreted as discriminatory when directed at a member of a protected group:
Tenants can report cases of potential discrimination to the Commission by submitting a Pre-Complaint Questionnaire.
In addition to having laws that address general issues like repairs and security deposits, most states, including Hawaii, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Hawaii landlords can enter rental property for inspections, maintenance, and property showings. Before entering, a landlord must provide at least two days of advance notice to the tenant, unless there’s a provable reason to justify less notice (such as an emergency).
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. However, there is no limit to the claim amount for security deposit return disputes.
Plaintiffs are required to use Hawaii’s Online Dispute Resolution Program unless they hire an attorney or request an exemption. The process takes approximately one month.
Hawaii landlords must provide the following mandatory disclosures:
Hawaii law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Many cities in Hawaii have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
Handbook for the Hawaii Residential Landlord-Tenant Code – Published by the Hawaii Office of Consumer Protection, this guide breaks down nearly every provision within the state’s landlord-tenant law and applies it to both parties. It also provides a helpful Q&A section that can provide insight into issues that fall between the legal lines.
Fair Housing Policy – This page, compiled by the Hawaii Public Housing Authority, explains which classes are protected from discrimination in housing by state law.
What Should I Do If I Have a Landlord/Tenant Problem? – This guide details the steps a landlord or tenant should take if they have a dispute. This includes resolving the dispute through negotiations as well as taking the dispute to Small Claims Court.
Can a Tenant Change the Locks in Hawaii? Hawaii tenants can change their locks, as long as the rental agreement doesn't say otherwise. In most cases, tenants must provide the landlord copies of new keys to preserve the landlord's right of access. Read more » What Are a Tenant’s Rights in Hawaii? Tenants in Hawaii have the right to a habitable dwelling and the right to receive reasonable notice before being asked to move out. They also have the right to report violations of housing safety without fear of retaliation. Read more » Is Hawaii a “Landlord Friendly” State? Hawaii is a less landlord-friendly state. Tenants have the right to extended periods of notice before lease termination or rent increases. They can also withhold rent in some circumstances. Read more » Can a Landlord Enter Without Permission in Hawaii? Hawaii landlords sometimes can enter rental property without the tenant's permission. There must be an emergency or similar reason why it's not practically possible to ask the tenant before entering. Read more »
