Hawaii landlord-tenant law FAQ
27 answers to common Hawaii landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in Hawaii?
Maximum 1 month's rent, plus a pet deposit of up to 1 month's rent where pets are allowed.
Verified Source: HRS § 521-44(b) · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in Hawaii?
Within 14 days after the tenancy ends.
Verified Source: HRS § 521-44(c) · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in Hawaii?
2 days' notice before entry.
Verified Source: HRS § 521-53(b) · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in Hawaii?
Month-to-month: 45 days' written notice. Tenancies shorter than month-to-month: 15 days.
Verified Source: HRS § 521-21(d)–(e) · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in Hawaii, and how much?
Capped at 8% of the rent due.
Verified Source: HRS § 521-21(f) · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in Hawaii?
10 calendar days' written notice for nonpayment (effective February 5, 2026; previously 5 business days). This version is scheduled for repeal and reenactment on February 4, 2028.
Verified Source: HRS § 521-68(a) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in Hawaii pass rent control?
Hawaii's Residential Landlord-Tenant Code (HRS ch. 521, read in full on 2026-10-15) neither imposes rent control nor preempts county rent control. It regulates only rent-increase notice (§ 521-21(d)–(e)) and bans retaliatory increases (§ 521-74).
Verified Source: HRS ch. 521 (incl. §§ 521-21, 521-74) · last checked 2026-10-15 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in Hawaii?
The landlord must give at least 45 days' written notice to end a month-to-month tenancy. The tenant must give at least 28 days' written notice and owes rent through the 28th day.
Verified Source: HRS § 521-71(a)–(b) · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in Hawaii?
Hawaii's Residential Landlord-Tenant Code (HRS ch. 521, read in full on 2026-10-15) does not require landlords to pay interest on security deposits.
Verified Source: HRS ch. 521; § 521-44 · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in Hawaii?
Before move-in, the landlord must inventory the premises and make a written record of the condition of the unit, furnishings and appliances. Both parties sign duplicate copies, and each tenant gets one. The signed inventory is presumed correct.
Verified Source: HRS § 521-42(a) · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal 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 makes a good-faith complaint to a government agency or the landlord about health-law or chapter violations, or after an agency files a violation notice.
Verified Source: HRS § 521-74(a) · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in Hawaii?
A landlord who removes or excludes a tenant overnight without cause or a court order owes two months' rent (or two months' free occupancy) plus attorney's fees (§ 521-63(c)). Willfully cutting water, electricity, gas or other essential services to regain possession is an unfair or deceptive practice. Minimum damages are three months' rent or $1,000, whichever is greater (§ 521-74.5).
Verified Source: HRS §§ 521-63(c), 521-74.5 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in Hawaii?
After written notice from a health or other agency, the landlord must start repairs within 7 days. If not, the tenant can make the repairs and deduct the greater of $1,000 or one month's rent (§ 521-64). For a condition that deprives the tenant of a substantial part of the bargain, the tenant can end the lease if it isn't fixed within one week of written notice (§ 521-63(a)).
Verified Source: HRS §§ 521-63(a), 521-64 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in Hawaii?
At or before move-in, the landlord must disclose in writing the names and addresses of the managers and of the owner (or the owner's agent for service and notices), and keep this information current.
Verified Source: HRS § 521-43(a) · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in Hawaii?
If a tenant leaves behind possessions of value after moving out, the landlord may sell them in a commercially reasonable manner, store them at the tenant's expense, or donate them to charity. The landlord must first mail notice and advertise any sale.
Verified Source: HRS § 521-56 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in Hawaii?
Domestic-violence victims can end a lease of one year or less without penalty. They must give at least 14 days' notice with documentation, within 90 days of the abuse (§ 521-80). Servicemembers ordered into on-post quarters can end a lease of one year or less with 30 days' written notice, or a month-to-month tenancy with 15 days' notice (§ 521-83).
Verified Source: HRS §§ 521-80, 521-83 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in Hawaii?
Hawaii's Residential Landlord-Tenant Code (HRS ch. 521, read in full on 2026-10-15) sets no grace period before a late charge (late charges are capped at 8% of rent due under § 521-21(f)).
Verified Source: HRS ch. 521; § 521-21(f) · last checked 2026-10-15 · Full late fee grace period page
Can a tenant sublet an apartment in Hawaii?
Unless a written rental agreement says otherwise, a tenant may sublet or assign without the landlord's consent. A written agreement may require the landlord's consent. This rule doesn't cover government-owned or government-subsidized units.
Verified Source: Haw. Rev. Stat. § 521-37 · last checked 2026-10-15 · Full subletting & assignment page
Can a tenant fix something and deduct it from rent in Hawaii?
If a state or county agency notifies the landlord of a health or safety violation and the landlord doesn't start repairs within 7 days, the tenant may make the repairs and, after giving the landlord the receipts, deduct up to $1,000 or one month's rent, whichever is greater.
Verified Source: Haw. Rev. Stat. § 521-64(a)-(b) · last checked 2026-10-15 · Full repair and deduct page
What happens if a tenant stays after the lease ends in Hawaii?
A tenant who stays after the tenancy ends without the landlord's consent may owe up to twice the monthly rent, prorated by the day, for each day they remain.
Verified Source: Haw. Rev. Stat. § 521-71(e) · last checked 2026-10-15 · Full holdover tenants page
Can a tenant withhold rent for repairs in Hawaii?
In any court case where payment of rent is disputed, either side can ask the court to order the tenant to deposit the disputed rent into court as it comes due (the rent trust fund).
Verified Source: Haw. Rev. Stat. § 521-78(a) · last checked 2026-10-15 · Full rent withholding / escrow page
What happens to the lease when a tenant dies in Hawaii?
A tenant may name, in the rental agreement or a separate written instrument, a representative authorized to collect or dispose of the tenant's belongings after the tenant's death.
Verified Source: Haw. Rev. Stat. § 521-85(a) · last checked 2026-10-15 · Full death of a tenant page
How much can a landlord charge for a rental application fee in Hawaii?
A landlord may charge an application screening fee only for applicants 18 or older (or emancipated minors), to cover screening costs. On request, the landlord must give a receipt and a cost breakdown. Any unused part of the fee must be refunded within 30 days after the screening requests are submitted.
Verified Source: Haw. Rev. Stat. § 521-46 · last checked 2026-10-15 · Full application fees & screening page
What is the domestic violence early termination rule in Hawaii?
A tenant on a lease of one year or less may end it without penalty if the tenant or a resident immediate family member was a domestic violence victim in the last 90 days, with at least 14 days' notice and documentation. Code text: "A tenant may terminate a rental agreement of a term of one year or less without penalty or fees for early termination or liability for future rent if the tenant or an immediate family member of the tenant residing at the dwelling unit has been the victim of domestic violence."
Verified Source: HRS § 521-80(a) · last checked 2026-10-16 · Full domestic violence early termination page
What is the scra / military lease termination rule in Hawaii?
A servicemember ordered to leave civilian housing for on-post government quarters may end a lease of one year or less without penalty on at least 30 days' written notice, if the listed conditions are met. Code text: "A servicemember tenant may terminate a rental agreement of a term of one year or less without penalty or fees for early termination or liability for future rent if the servicemember tenant receives military orders requiring the servicemember tenant to vacate civilian housing and move into on-post government quarters."
Verified Source: HRS § 521-83(a) · last checked 2026-10-16 · Full scra / military lease termination page
What is the military lease termination (federal scra, all states) rule in Hawaii?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the guest & occupancy limits rule in Hawaii?
The state landlord-tenant statute (Haw. Rev. Stat. ch. 521 (Residential Landlord-Tenant Code), read in full on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.
Verified Source: Haw. Rev. Stat. ch. 521 (Residential Landlord-Tenant Code) · last checked 2026-10-16 · Full guest & occupancy limits page
Hawaii cities with their own rules
- Hawaii County landlord rules
- Honolulu landlord rules
- Kauai County landlord rules
- Maui County landlord rules
All Hawaii landlord-tenant law
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