Question 1

How much can a landlord charge for a security deposit in Hawaii?

Accepted Answer

Maximum 1 month's rent, plus a pet deposit of up to 1 month's rent where pets are allowed.

Question 2

How long does a landlord have to return a security deposit in Hawaii?

Accepted Answer

Under HRS § 521-44(c), at the termination of a rental agreement in which the landlord required and received a security deposit, if the landlord proposes to retain any amount for a purpose specified in subsection (a), the landlord shall so notify the tenant in writing, unless the tenant had wrongfully quit the dwelling unit, together with the particulars of and grounds for the retention, including written evidence of the costs of remedying tenant defaults or of the costs of cleaning. The security deposit, or the remaining portion after any amounts authorized under this section have been claimed and retained, shall be returned to the tenant not later than fourteen days after the termination of the rental agreement. If the landlord does not furnish the written notice and other information required by subsection (c) within those fourteen days, the landlord shall not be entitled to retain the security deposit or any part of it, and shall return the entire amount. A return of the deposit or the required notice is presumptively proven if mailed to the tenant at an address supplied by the tenant, with acceptable proof of mailing and postmarked before midnight of the fourteenth day after termination, or if the tenant acknowledges receipt within the fourteen-day limit. Actions for recovery of a landlord's complete or partial retention of the security deposit shall be instituted not later than one year after termination of the rental agreement. Under subsection (d), a tenant absent from the dwelling unit for a continuous period of twenty days or more without written notice to the landlord is deemed to have wrongfully quit, except that the tenant is not considered absent without notice during any period for which the landlord has received payment of rent; in that wrongful-quit case the landlord may retain the entire deposit. Subsections (a) and (b) define allowed deposit uses and the cap, including the pet-animal additional deposit and the assistance-animal exception; subsections (e) through (h) address postdated instruments, transfers of the landlord's interest, small-claims proceedings, and damages, including an award of three times the amount wrongfully and wilfully retained. Those other subsections are not fully restated here. Example: if a tenancy ends on the 1st and the landlord wants to keep part of the deposit for documented cleaning costs, the remaining deposit and the written notice with that evidence must be furnished by the 15th, or the landlord must return the entire deposit.

Question 3

How much notice does a landlord have to give before entering a rental in Hawaii?

Accepted Answer

Under HRS § 521-53(b), except in case of emergency or where impracticable to do so, the landlord shall give the tenant at least two days notice of the landlord's intent to enter and shall enter only during reasonable hours. The landlord shall not abuse this right of access or use it to harass the tenant. Under subsection (a), the tenant shall not unreasonably withhold consent for the landlord to enter to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants. Under subsection (c), the landlord has no other right of entry, except by court order, unless the tenant appears to have abandoned the premises, or as permitted by section 521-70(b). Example: a landlord who wants to show the unit to a prospective tenant must still give at least two days notice and enter only during reasonable hours, unless there is an emergency or giving notice is impracticable.

Question 4

How much notice does a landlord need to give to raise the rent in Hawaii?

Accepted Answer

Month-to-month: 45 days' written notice. Tenancies shorter than month-to-month: 15 days.

Question 5

Can a landlord charge a late fee in Hawaii, and how much?

Accepted Answer

Under HRS § 521-21(f), where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due. Other subsections of § 521-21 address when rent is payable, a public-assistance due-date option, and rent-increase notice periods; those rules are not fully restated here. Example: if the rent due is $1,000 and the rental agreement provides for a late charge, that charge may not be more than $80.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Hawaii?

Accepted Answer

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.

Question 7

Can cities in Hawaii pass rent control?

Accepted Answer

Hawaii's Residential Landlord-Tenant Code (HRS ch. 521, full-text search 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).

Question 8

How much notice is needed to end a month-to-month tenancy in Hawaii?

Accepted Answer

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.

Question 9

Does a landlord have to pay interest on a security deposit in Hawaii?

Accepted Answer

Hawaii's Residential Landlord-Tenant Code (HRS ch. 521, full-text search on 2026-10-15) does not require landlords to pay interest on security deposits.

Question 10

Is a move-in or move-out inspection checklist required in Hawaii?

Accepted Answer

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.

Question 11

Is landlord retaliation illegal in Hawaii?

Accepted Answer

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.

Question 12

Can a landlord change the locks or shut off utilities in Hawaii?

Accepted Answer

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).

Question 13

What can a tenant do if the landlord won't make repairs in Hawaii?

Accepted Answer

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)).

Question 14

What disclosures must a landlord give tenants in Hawaii?

Accepted Answer

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.

Question 15

What can a landlord do with property a tenant leaves behind in Hawaii?

Accepted Answer

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.

Question 16

Can a tenant break a lease early for domestic violence or military service in Hawaii?

Accepted Answer

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).

Question 17

Is there a grace period before a late fee can be charged in Hawaii?

Accepted Answer

Hawaii's Residential Landlord-Tenant Code (HRS ch. 521, full-text search 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)).

Question 18

Can a tenant sublet an apartment in Hawaii?

Accepted Answer

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.

Question 19

Can a tenant fix something and deduct it from rent in Hawaii?

Accepted Answer

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.

Question 20

What happens if a tenant stays after the lease ends in Hawaii?

Accepted Answer

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.

Question 21

Can a tenant withhold rent for repairs in Hawaii?

Accepted Answer

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).

Question 22

What happens to the lease when a tenant dies in Hawaii?

Accepted Answer

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.

Question 23

How much can a landlord charge for a rental application fee in Hawaii?

Accepted Answer

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.

Question 24

What is the domestic violence early termination rule in Hawaii?

Accepted Answer

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."

Question 25

What is the scra / military lease termination rule in Hawaii?

Accepted Answer

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."

Question 26

What is the military lease termination (federal scra, all states) rule in Hawaii?

Accepted Answer

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" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 27

What is the guest & occupancy limits rule in Hawaii?

Accepted Answer

There is no Hawaii statute limiting guests or occupancy in HRS chapter 521 (Residential Landlord-Tenant Code). full-text search of all chapter 521 sections.

Question 28

What federal protections does a tenant have after foreclosure in Hawaii?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 29

What is the pet deposits/fees & service/esa animals rule in Hawaii?

Accepted Answer

A landlord may take an extra pet deposit of up to one month's rent on top of the one-month security deposit, only from tenants with a pet. No pet deposit may be charged for an assistance animal that is a reasonable accommodation under section 515-3.

Question 30

Can a landlord deny a tenant for criminal or credit history in Hawaii?

Accepted Answer

Landlords may charge adult applicants an application screening fee to cover the cost of information such as criminal background checks and credit reports. On request they must give a receipt and cost breakdown, and must return any unused amount within 30 days. No state limit on using criminal history was found in § 515-3 or the chapter 521 text (full-text search).

Question 31

What is the warranty of habitability in Hawaii?

Accepted Answer

At all times during the tenancy the landlord must comply with building and housing laws materially affecting health and safety, keep common areas clean and safe, make all repairs needed to keep the premises habitable, keep supplied appliances and facilities in good working order, and (except single-family homes) provide garbage removal and running water.

Question 32

What disclosures must a landlord give in Hawaii?

Accepted Answer

At or before the start of the tenancy, the landlord must disclose in writing the name and address of each person authorized to manage the premises, and of each owner or agent authorized to accept service of process, rents and notices. The information must be kept current; a person who fails to disclose becomes the landlord's agent for those purposes.

Question 33

What is the deposit bank holding / separate account rule in Hawaii?

Accepted Answer

The landlord holds the security deposit for the tenant. The tenant's claim to it comes before any creditor of the landlord, including a bankruptcy trustee, even if deposits are commingled. No separate or interest-bearing account is required.

Question 34

What is the eviction notices for other grounds (lease violation, no-fault) rule in Hawaii?

Accepted Answer

For material noncompliance with the tenant's maintenance and use duties, the landlord must give written notice and at least 10 days after receipt to fix it before ending the tenancy and suing for possession, or may fix it and bill the tenant as rent. No cure period is required if the breach causes or threatens irremediable damage.

Question 35

Does a landlord have to give notice before not renewing a lease in Hawaii?

Accepted Answer

A landlord ends a month-to-month tenancy with at least 45 days' written notice; a tenant needs 28 days. If the landlord plans demolition, a condominium conversion or a change to transient vacation rentals, the notice is at least 120 days.

Question 36

What is the condo conversion protections rule in Hawaii?

Accepted Answer

A landlord planning to convert to a condominium property regime must give the tenant at least 120 days' notice before ending the rental agreement (and at least 120 days before ending a month-to-month tenancy).

Question 37

What is the rent receipts, payment methods & cash rule in Hawaii?

Accepted Answer

Rent is payable at the time and place the parties agree. Unless agreed otherwise, rent is due at the start of each month (or of a shorter term). Tenants on public assistance can move the due date to within 3 business days after their check is mailed by making a one-time prorated payment. Landlords may not require postdated checks (HRS § 521-44).

Question 38

What is the right to cure / redeem rule in Hawaii?

Accepted Answer

Yes. Before ending the tenancy for nonpayment, the landlord must give written notice of at least 10 calendar days after receipt (from February 5, 2026; 5 business days before then). The tenancy ends only if the tenant is still in default when the notice period expires, so paying the rent due within that time cures it. This version is scheduled for repeal and reenactment on February 4, 2028.

Question 39

Does a landlord need just cause to evict in Hawaii?

Accepted Answer

No state statute requiring just cause to end or not renew a tenancy was found in HRS chapter 521 (Residential Landlord-Tenant Code), full-text search (all 61 sections).

Question 40

Does Hawaii have rent control?

Accepted Answer

No state statute limiting rent amounts was found in HRS chapter 521 (Residential Landlord-Tenant Code), full-text search (all 61 sections).

Question 41

What is the tenant relocation assistance rule in Hawaii?

Accepted Answer

No state statute requiring relocation assistance was found in HRS chapter 521 (Residential Landlord-Tenant Code), full-text search (all 61 sections).

Question 42

Do landlords need a rental license or registration in Hawaii?

Accepted Answer

No state statute requiring rental registration was found in HRS chapter 521 (Residential Landlord-Tenant Code), full-text search (all 61 sections).

Question 43

Can the city inspect my rental property in Hawaii?

Accepted Answer

No state statute requiring rental inspections was found in HRS chapter 521 (Residential Landlord-Tenant Code), full-text search (all 61 sections).

Question 44

What is the tenant buyout disclosures rule in Hawaii?

Accepted Answer

No state statute on tenant buyout agreements was found in HRS chapter 521 (Residential Landlord-Tenant Code), full-text search (all 61 sections).

Question 45

Can a landlord refuse Section 8 or other source of income in Hawaii?

Accepted Answer

Yes. Hawaii bars landlords from refusing to rent to, discouraging, or setting different terms for a person because they take part in a Section 8 housing choice voucher or permanent supportive housing program, including in ads. Landlords may still verify income and creditworthiness, and owners of four or fewer units in Hawaii are generally exempt (HRS § 368F-3).

Question 46

How does the eviction court process work in Hawaii?

Accepted Answer

Evictions are summary possession actions in the district court of the circuit where the property sits (HRS § 666-6). The landlord may join claims for back rent and damages (§ 666-7). If the landlord wins, the court enters judgment and issues a writ of possession (§ 666-11); in nonpayment cases the writ is stayed if the tenant pays the rent due, interest, costs and fees before the writ issues (§ 666-14).

Question 47

How much does it cost to file an eviction in Hawaii?

Accepted Answer

The district court filing fee to start an action, including a summary possession (eviction) case, is $100, which covers most charges. Service, posting and mileage costs are extra.

Question 48

What is the property manager licensing rule in Hawaii?

Accepted Answer

Yes. Managing or renting real estate for others for compensation requires a Hawaii real estate broker or salesperson license. Owners, custodians or caretakers of the property, and hotel operators are exempt (HRS § 467-2).

Question 49

What is the rental / transient occupancy tax rule in Hawaii?

Accepted Answer

Hawaii levies a state transient accommodations tax (TAT) on gross rental proceeds from transient accommodations of 11% from January 1, 2026 through December 31, 2030 under Act 96, SLH 2025, as described by the Hawaii Department of Taxation. The codified HRS § 237D-2 text on the Legislature site may lag this change. Counties may add their own transient accommodations tax (HRS § 46-20.7), and general excise tax also applies.

Question 50

What are the Airbnb / short-term rental rules in Hawaii?

Accepted Answer

Hawaii leaves short-term rental rules mainly to counties. State zoning law says uses that furnish transient accommodations are not residential or agricultural uses and may be phased out or amortized by county zoning (HRS § 46-4). Stays are taxed under the transient accommodations tax (ch. 237D).

Question 51

What rights does a tenant have after foreclosure in Hawaii?

Accepted Answer

There is no Hawaii statute giving residential tenants extra protections after a foreclosure. The Residential Landlord-Tenant Code (ch. 521) full-text search and the foreclosure chapter (ch. 667) chapter text (full-text search) was reviewed. The federal Protecting Tenants at Foreclosure Act may give bona fide tenants 90 days' notice.

Question 52

What is the eviction record sealing rule in Hawaii?

Accepted Answer

There is no Hawaii statute that seals eviction records. Chapter 666 (summary possession) and chapter 521 (Residential Landlord-Tenant Code) have no sealing provision; full-text search of every section on 2026-10-23. A 2025-26 sealing bill (HB463) was not enacted as a sealing law.

Question 53

Does a landlord have to provide smoke and carbon monoxide detectors in Hawaii?

Accepted Answer

There is no Hawaii statute that specifically requires landlords to install smoke or carbon monoxide alarms. HRS chapter 521 (Residential Landlord-Tenant Code) has no smoke alarm provision (full-text search of every section), and chapter 132 (fire protection) leaves fire safety rules to the state fire code adopted under HRS 132-3, which is an administrative rule, plus county codes. Landlords must still comply with building and housing laws affecting health and safety (HRS 521-42).

Hawaii landlord-tenant law FAQ