Hawaii Landlord-Tenant Law

At a Glance

Security Deposits

Hawaii law limits the security deposit to 1 month's rent for all residential tenancies. This is one of the lower caps among U.S. states.

Landlords must return the deposit within 14 days of the tenant vacating the unit and the landlord receiving the tenant's forwarding address. The return must include an itemized statement of any deductions. Landlords are not required to hold the deposit in a separate account, but must comply with all return and accounting requirements.

cite: Haw. Rev. Stat. § 521-44

Eviction Procedures

Hawaii requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.

Notice Requirements

• 5 Business Days' Notice: For nonpayment of rent
• 10-Day Notice: For material violation of the rental agreement or obligations
• 45-Day Notice: For no-cause termination of a month-to-month tenancy
• 24-Hour Notice: For illegal drug activity on the premises (expedited process)

If the tenant does not comply or vacate after the notice period, the landlord must file a complaint in district court to begin formal eviction proceedings (summary possession).

Just Cause

Hawaii's Residential Landlord-Tenant Code requires specific grounds for eviction during the term of a lease. Landlords may not terminate a fixed-term lease without cause. For month-to-month tenancies, no-cause termination is permitted with 45 days' notice.

cite: Haw. Rev. Stat. § 521-68 to § 521-71

Rent Control

Hawaii does not have a statewide rent control law. Maui County has enacted some local rent-related measures, but there is no blanket restriction on rent increases across the state.

Landlords may increase rent for month-to-month tenancies with at least 45 days' written notice. For fixed-term leases, rent increases are governed by the terms of the lease agreement.

Rent increases may not be imposed in a retaliatory manner against tenants who have exercised their legal rights.

cite: Haw. Rev. Stat. § 521-21

Lease Agreements

Hawaii does not require a written lease for tenancies of one year or less. Any lease for longer than one year must be in writing to be enforceable. Written rental agreements are strongly encouraged, and the Residential Landlord-Tenant Code provides default terms that apply in the absence of a written agreement.

Required Disclosures

Hawaii landlords must provide the following disclosures:

• Lead-based paint (pre-1978 properties)
• Owner/agent identity: The name and address of the owner, any property manager, and any agent authorized to receive notices and demands
• Tax benefits: Whether the landlord receives a tax benefit that requires compliance with specific conditions
• General excise tax: If the landlord passes the general excise tax to the tenant, this must be disclosed
• Inventory checklist: A written inventory of the condition of the premises at the start of the tenancy (recommended)

cite: Haw. Rev. Stat. § 521-1 et seq.

Tenant Rights

Hawaii provides broad protections for tenants:

• Habitability: Landlords must maintain rental units in a habitable condition, including working plumbing, heating, hot water, electricity, and compliance with building and housing codes
• Retaliation protection: Landlords cannot retaliate against tenants who report code violations, complain to government agencies, or exercise their rights under the landlord-tenant code
• Discrimination protection: Fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, disability, familial status, ancestry, marital status, HIV status, sexual orientation, and gender identity
• Right to privacy: Landlords must provide at least 2 days' notice before entering a tenant's unit, except in emergencies
• Repair and deduct: Tenants may make essential repairs and deduct the cost from rent if the landlord fails to address habitability issues after reasonable notice, provided the cost does not exceed one month's rent

cite: Haw. Rev. Stat. § 521-42 to § 521-78