Discover Hawaii landlord tenant laws, rights, and regulations regarding everything from rent and security deposit laws to maintenance and eviction laws.
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While Hawaii may be known for its stunning landscapes and warm hospitality, delving into its complex rental laws and regulations can be a challenging endeavor. These laws have a direct impact on the rights, responsibilities, and interactions between landlords and tenants, and while comprehensive, they can be overwhelming, and at times daunting.
To assist landlords and tenants in understanding Hawaii's rental laws, we have compiled this comprehensive guide, empowering landlords to both protect their investments and foster successful relationships with their renters. Simultaneously, it ensures renters have the knowledge needed to comprehend and assert their fundamental rights.
Explore a wide range of Hawaii landlord-tenant laws covering critical rental topics, such as tenant screening, security deposits, lease agreements, and eviction procedures. With this invaluable resource as your guide, you'll confidently navigate the rights and regulations outlined in the Hawaii Landlord Tenant Code. Let’s dive in!
Hawaii is not considered a landlord-friendly state as compared to some other states. The reason for this is that it provides many housing rights to renters. Specifically, tenants in the state have the right to extended periods of notice before both lease termination or rent increases. Additionally, they can also withhold rent payments under certain circumstances. These regulations can make it more difficult for landlords to run efficient rental businesses.
Landlords and real estate investors in Hawaii are entitled to certain fundamental rights that enable them to run profitable and efficient rental businesses. These rights include:
Hawaii state law also holds rental property owners responsible for certain respsonbilities that ensure a smooth tenancy and a habitable living arrangement for their tenants. Their main responsibilities include:
Just like landlords, renters in Hawaii have fundamental rights that protect their safety, health, and privacy while residing in a rental property. Here are some of their main rights:
Renters in Hawaii have their own set of obligations to uphold in order to maintain a healthy and respectful landlord-tenant relationship. These obligations include:
According to Hawaii landlord-tenant law, rental property owners have the right to request rental applications and screen prospective tenants. Hawaii does not restrict the type of screening report a landlord can use. However, landlords can only charge application fees to run a screening report.
If a Hawaii landlord wants to charge an application fee, they must provide the prospective tenant with the following:
The application fee itself should not exceed the following the actual cost of a tenant screening service or the costs a landlord incurs from a personal reference check.
In Hawaii, the lease or rental agreement can either be oral or written, but leases over a year must be in writing. However, it’s always recommended to have a documented agreement since it grants rights and responsibilities to both the landlord and renter.
Hawaii requires landlords to document the condition of the premises and furnishings before occupancy in the lease. All details need to be noted, no matter how small, so that the action condition is recorded.
If a tenant wishes to terminate a lease, they must provide a certain amount of notice to the landlord. Week-to-week leases must provide 10 days’ notice, month-to-month leases must provide 28 days’ notice, and for all other lease times, there is no statute.
Tenants can only terminate a lease agreement early if:
If a Hawaii tenant terminates a lease early, they may be liable to pay the rest of the rent payments.
Landlords in Hawaii are allowed to collect a security deposit at the start of a tenancy to cover any damages that exceed normal wear and tear. Security deposits in Hawaii cannot exceed one month’s rent.
Other important Hawaii security deposit laws to note:
Once tenants vacate a rental, landlords have 14 days to return the tenant's security deposit with an itemized statement of deductions and any remaining funds if applicable.
Landlords can legally withhold a portion or all of the funds to cover unpaid rent, damages beyond normal wear and tear, cleaning costs, attorney's fees, and compensation in case of early termination of the lease.
If the security deposit is returned late, the tenant can sue for the full security deposit plus three times the amount wrongfully withheld and court costs.
Hawaii law states that rent should be collected at the beginning of each month unless the lease agreement states otherwise. Every landlord must provide the tenant with a rent payment receipt every month or week depending on the type of lease.
Hawaii does not have rent control laws, allowing landlords to charge whatever rent they deem appropriate and increase rent as much as they want. However, the landlord must provide at least 45 days’ notice for monthly leases and 15 days’ notice for weekly leases.
Regarding late fees, Hawaii landlords are free to charge them, but the fee cannot be more than 8% of rent due. The state’s law does not cover grace periods, so landlords may begin charging a late fee immediately after the tenant fails to pay rent.
It’s important to note that renters in Hawaii cannot withhold rent payments for any reason.
Hawaii tenants have the right to live in a rental unit that meets local housing codes and regulations. In addition to providing a safe and healthy living environment, landlords must do the following in regards to repairs and maintenance:
Landlords in Hawaii are required to make repairs within 12 days after receiving written notice from the tenant. If the landlord fails to make the repairs in a timely manner, tenants may use the “repair and deduct” remedy, take legal action, or cancel the rental agreement.
When using the “repair and deduct” remedy, tenants must provide the landlord with repair receipts and can only deduct up to $500 from the next month’s rent.
In Hawaii, landlords have the right to enter the rental for reasons including inspections, repairs, and showings. Except in the case of emergencies, landlords must provide tenants with two days’ notice before entering the property at a reasonable time.
Hawaii state law allows landlords to move forward with the eviction procedure for several reasons, and the required notice period depends on the specific situation. Here are the main reasons a landlord can evict a tenant and the required notice period:
Other valid reasons for eviction in Hawaii include the end of the lease, short-term rental conversion, demolition of the rental unit, and condominium conversion.
It’s important to note that landlords in Hawaii cannot change the locks or lock the tenant out of the property without a court order, even if the tenant has not paid their rent. This would be considered a form of self-help eviction.
In addition to laws covering general issues such as repairs and security deposits, Hawaii landlord-tenant regulations also cover topics such as renter discrimination laws and landlord retaliation. Explore some of these topics below.
Like in other states, Hawaii landlords must adhere to the Federal Fair Housing Act and cannot discriminate against tenants based on protected characteristics such as race, color, national origin, religion, sex, familial status, marital status, disability, age, and HIV status.
It’s important to note that these rules do not apply to some owner-occupied homes or rental properties operated by religious organizations.
Tenants who believe their fair housing rights have been violated can file a complaint with HUD or the Hawaii Civil Rights Commission.
It’s illegal for landlords in Hawaii to retaliate against tenants for taking protected actions such as reporting a landlord for health and safety violations.
Retaliatory actions in Hawaii include raising rent, reducing services, or threatening eviction. Any acts can have legal repercussions and penalties against the landlord.
Hawaii landlords must provide renters with the following mandatory disclosures prior to the beginning of the tenancy:
In Hawaii, grasping the intricacies of landlord-tenant laws is vital for cultivating a harmonious relationship. These comprehensive laws have been crafted to protect landlords' and tenants' rights and responsibilities, fostering a fair and balanced rental environment.
For landlords in Hawaii, understanding and abiding by these regulations is a means of safeguarding their investments and building positive relationships with their tenants. Equally significant is the empowerment these laws provide to tenants. By comprehending their rights, tenants can ensure a safe and respectful living environment that they can call home.
A successful landlord-tenant relationship in Hawaii lies in mutual respect and adherence to the state's rental laws. With such understanding and cooperation, rental owners and tenants can experience the true meaning of aloha.
Here are a few resources that cover Hawaii's state and city laws, ensuring you have the information you need to make informed decisions and comply with the specific regulations relevant to your location.
Disclaimer: The information provided in this post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only. This content may not constitute the most up-to-date legal information. No reader, user, or browser of this article should act or refrain from acting on the basis of information herein without first seeking the advice of a legal professional.
Important Note: This post is for informational and educational purposes only. It should not be taken as legal, accounting, or tax advice, nor should it be used as a substitute for such services. Always consult your own legal, accounting, or tax counsel before taking any action based on this information.
Rachel Robinson has 6 years of experience in writing, editing, and SEO, specializing in rental property and real estate. She excels in market trends and landlord-tenant dynamics, producing content that drives traffic and informs. Outside of work, she enjoys climbing Colorado's granite boulders.
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