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Hawaii Tenant Rights Laws

Created by FindLaw's team of legal writers and editors | Last reviewed December 29, 2017

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

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Living in Hawaii seems like paradise, but conflict with your landlord can turn your island sanctuary into a nightmare. Luckily, Hawaii enacted comprehensive laws to protect renters. Read on to learn more about tenants' rights laws in Hawaii.

Hawaii Tenants Rights Laws Overview

Like all other states, Hawaii has laws that govern the relationship for landlords and tenants, setting forth the rights and responsibilities of both parties. These laws include provisions governing:

  • The collection and return of security deposits
  • Rent increases
  • Repairs and maintenance of the rental unit
  • Termination of the lease

Hawaii also has particularly inclusive fair housing/antidiscrimination laws. The federal Fair Housing Act prohibits landlords from discriminating against tenants on the basis of race, color, religion, sex, familial status, disability, or national origin. Hawaii state law offers protection to more classifications, and in addition to the federally-protected groups, prohibits discrimination on the basis of marital status and HIV status.

The below chart provides more details about Hawaii's tenant rights laws.

Statutes

 Hawaii Residential Landlord-Tenant Code

Security Deposits
  • Landlord can't require more than one month's rent as security deposit
  • Security deposit or itemized list of deductions must be returned within 14 days of tenant move-out

Paying Rent
  • Landlord must provide 45 days' notice before raising rent

Living Conditions
  • Landlord must provide 2 days' notice before entering tenant's unit
  • Landlord must begin repairs to provide a sanitary and habitable unit within 3 days' of tenant notification
  • For less critical repairs, landlord must, in good faith, begin repairs within 12 days
  • Tenants have the right to "repair and deduct" if landlord refuses to make major repairs

Discrimination
  • Hawaii law makes it illegal for a landlord to discriminate against a tenant on the basis of race, color, sex, national origin, disability, age, familial status, marital status, religion, or HIV status

Ending or Renewing a Tenancy
  • For a month-to-month tenancy, a landlord may terminate by giving 45 days' notice, and a tenant may terminate by giving 28 days' notice
  • For a lease term of less than a month-to-month, either party may terminate the lease after 10 days' notice
  • Fixed-term leases can be terminated as set forth in the specific rental agreement
  • After non-payment of rent, landlord must provide 5 days' notice to tenant before beginning eviction proceedings
  • If tenant has caused, or imminently will cause irreparable damage to people or property, landlord can give a unconditional quit notice, and if tenant doesn't immediately move out landlord can evict

Retaliation
  • Landlords are prohibited from retaliating against tenant for exercising legal rights through eviction or rent increases

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related: Hawaii Tenants' Rights Resources

Get a Free Evaluation of Your Landlord/Tenant Case

If you are a Hawaii tenant in need of help, FindLaw can help. Take some time to familiarize yourself with Hawaii tenants' rights laws, and consider speaking with a professional about your case. FindLaw can help you find an experienced landlord/tenant lawyer for your free case evaluation.

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