Landlord Guide to Renting in Hawaii

Hawaii permits both written and oral lease agreements. However, any lease for a term of one year or longer must be in writing (HRS § 656-1). All residential leases are subject to the Residential Landlord-Tenant Code (HRS Chapter 521), which imposes certain mandatory terms and prohibits unconscionable clauses.

• Leases of one year or longer must be in writing (HRS § 656-1)
• Month-to-month tenancies are created when no fixed term is specified or the lease expires without renewal
• Landlords must provide tenants with a copy of the signed lease (HRS § 521-43)
• Lease provisions that waive a tenant's rights under HRS Chapter 521 are void and unenforceable (HRS § 521-14)

Under HRS § 521-44, landlords may collect a security deposit equal to one month's rent. The deposit must be held in a trust account at a federally insured financial institution in Hawaii. Landlords must provide written notice of the account location to the tenant.

• Maximum deposit: one month's rent (HRS § 521-44)
• Deposit must be held in a trust account in a Hawaii financial institution
• Landlords must disclose the account location in writing
• Pet deposits are included within the one-month cap — no additional pet deposit is permitted

Hawaii landlords must make several disclosures before or at the commencement of the tenancy. These include both state and federal requirements.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Name and address of the owner or authorized agent (HRS § 521-43)
• Tax benefits disclosure — landlords receiving tax benefits affecting the property must disclose this fact (HRS § 521-43)
• Written inventory of the condition of the premises and furnishings at move-in (HRS § 521-42)

Rent is due on the date stated in the lease agreement. Hawaii does not mandate a specific grace period for late rent. However, landlords must provide a written 5-day notice to pay before initiating eviction proceedings for nonpayment (HRS § 521-68).

• No statutory grace period — rent is due on the date stated in the lease
• Late fees must be reasonable and specified in the lease
• Landlords may not charge late fees unless outlined in the rental agreement
• A 5-day written notice to pay or vacate is required before filing for eviction due to nonpayment (HRS § 521-68)

Hawaii imposes a strong implied warranty of habitability under HRS § 521-42. Landlords must maintain the premises in a fit and habitable condition, comply with all applicable housing and building codes, and keep common areas clean and safe. Tenants may pursue remedies including rent withholding if the landlord fails to make necessary repairs.

• Maintain the premises in a habitable condition (HRS § 521-42)
• Comply with all applicable building, housing, and health codes
• Provide and maintain functioning plumbing, electrical, heating, and hot water systems
• Keep common areas in a clean and safe condition

Under HRS § 521-53, landlords must provide at least two days' advance written notice before entering a tenant's unit. Entry is permitted only at reasonable times and for legitimate purposes such as repairs, inspections, or showing the unit to prospective tenants or buyers.

• Minimum notice: two days' written notice (HRS § 521-53)
• Entry only at reasonable times and for legitimate purposes
• No notice required in emergencies
• Tenant may not unreasonably withhold consent to lawful entry

Hawaii does not have statewide rent control, but the City and County of Honolulu previously had limited rent control provisions for certain older units. For standard residential tenancies, landlords must provide at least 45 days' written notice before a rent increase for month-to-month tenancies (HRS § 521-21).

• No statewide rent control (check local ordinances in specific counties)
• 45 days' written notice required for rent increases on month-to-month tenancies (HRS § 521-21)
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• Rent increases may not be retaliatory (HRS § 521-74)

Notice requirements in Hawaii depend on the type of tenancy and the reason for termination. Fixed-term leases generally end automatically at the stated expiration date.

• Month-to-month tenancy: 45 days' written notice by either party (HRS § 521-71)
• Week-to-week tenancy: 10 days' written notice (HRS § 521-71)
• Fixed-term lease: terminates at the end of the lease term without notice
• Nonpayment of rent: 5 days' written notice to pay or vacate (HRS § 521-68)

Evictions in Hawaii are handled through a summary possession proceeding filed in district court (HRS § 666-1 et seq.). The landlord must first provide the appropriate statutory notice before filing a complaint.

• Serve the required notice (5 days for nonpayment, 10 days for lease violation under HRS § 521-69)
• File a complaint for summary possession in district court (HRS § 666-1)
• The court schedules a hearing — the tenant has the right to appear and contest
• If the court rules for the landlord, a writ of possession is issued

Under HRS § 521-44, the landlord must return the security deposit within 14 days after the tenant vacates and provides a forwarding address. Any deductions must be accompanied by an itemized written statement.

• Return deadline: 14 days after the tenant vacates (HRS § 521-44)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear
• An itemized statement of deductions must be provided with any withheld amount
• Failure to return the deposit or provide a statement may result in liability for twice the deposit amount plus attorney fees