Hawaii Landlord Tenant Laws and Rights for 2025

Whether you’re a new landlord in Hawaii familiarizing yourself with rental laws or an established property manager wanting to brush up on Hawaii landlord-tenant laws, we’re breaking down everything you need to know.

Get to know your rights, tenant rights, and the Hawaii landlord-tenant laws and regulations to follow in the Aloha state.

Is Hawaii a Landlord-Friendly State?

Like the state of Washington, Hawaii is more tenant-friendly than landlord-friendly because it generally gives renters more housing rights than landlords. Some of the rights Hawaii landlord-tenant laws give tenants include:

• The right to leverage “repair and deduct,” cancel the lease agreement, or take legal action if you fail to make repairs within 12 days of receiving a written request from the resident
• The right to extended notice periods if you choose to terminate a renter’s lease or raise the rent
• The right to receive their security deposit back within 14 days of moving out (minus any you took out for damages beyond normal wear and tear)

These are just a few of a Hawaii renter’s rights—these and their other rights under Hawaii landlord-tenant laws make Hawaii a tenant-friendly state.

Landlord Rights and Responsibilities

Not sure which rights you have under Hawaii landlord-tenant laws, or what responsibilities you have to your tenants?

We’re exploring your landlord rights and responsibilities so you’ll have all the information you need to comply with Hawaii landlord-tenant laws.

Your rights

Even though Hawaii is not a landlord-friendly state, you do still have a few rights—like requiring security deposits or charging an application fee. Those rights include:

• Collecting rent promptly
• Charging an application fee (that doesn’t exceed the cost of a tenant screening solution or the cost to you to conduct a personal reference check)
• Charging a security deposit—that doesn’t exceed one month’s rent—to cover property damage exceeding normal wear and tear or unforeseen expenses
• Charging late fees for overdue rent
• Evicting a tenant who violates the terms or conditions of the lease
• Entering the renter’s unit under specific circumstances

Your responsibilities

With rights come responsibilities. Hawaii landlord-tenant laws dictate that your rental units must meet certain criteria that meet the local warrant of habitability. You’ll also need to comply with state and local rules and regulations—like fair housing laws—and provide safe housing.

Other landlord responsibilities include:

• Adhering to the terms and conditions of the lease
• Complying with security deposit limits (one month’s rent max)
• Returning security deposits within 14 days of a tenant moving out
• Completing repairs within 12 days of receiving written notice from the renter
• Maintaining unit appliances and common areas on the property

Hawaii Tenant Rights and Responsibilities

Hawaii landlord-tenant laws protect renters and give them certain rights and responsibilities, like the right to habitable living conditions. Familiarize yourself with these rights to avoid violating them.

Tenant Rights

Thanks to its renter-friendly laws, tenants in Hawaii enjoy quite a few rights beyond the basic right to safe and decent housing. Those rights include:

• Habitable and safe housing that meets local health and housing codes
• Privacy within their rental unit
• Receiving advance notice of rent increase or lease termination
• Requesting repairs to their unit
• Withholding or deducting repairs from rent if you fail to make repairs
• Receiving the security deposit and deductions statement within 14 days of moving out

Tenant Responsibilities

Even though Hawaii landlord-tenant laws favor renters more than landlords, they do set obligations for renters that benefit you. Hawaii tenants must:

• Pay their rent in full and on time
• Comply with the lease agreement
• Allow access to their rental unit when necessary (like for repairs)
• Keep the unit in good condition (aside from normal wear and tear)
• Make small repairs if necessary for maintaining the unit
• Not disturb neighbors and other tenants on the property
• Keep appliances and fixtures sanitary and clean

Rent Payment Laws in Hawaii

With Hawaii landlord-tenant laws, there are a few things to consider with rent, like on-time payments, rent control and increases, late fees, and rent withholding. 

On-Time Rent Payments

Like in many states, rent in Hawaii is due at the beginning of every month unless the lease states otherwise. And if you don’t specify a rent amount, the amount will be fair market value for the unit. 

Once the tenant pays rent, you’re required to give them a rent payment receipt every week or month, depending on the type of lease.

Rent Control and Increases

With no rent control laws, you can charge any amount you consider appropriate for rental units in Hawaii. You can also increase rent as much as you want—but remember that you’ll need to give at least 45 days’ notice for monthly leaseholders and 15 days’ notice for weekly leases.

Late Fees

Because Hawaii landlord-tenant laws don’t state anything about rent grace periods, you’re free to charge late fees as soon as rent goes past due. And while you can charge a late fee amount you feel is appropriate, the fees can’t exceed more than 8% of the rent due. 

Withholding Rent

If you fail to make repairs, a tenant can withhold rent (up to $500) to cover any damages that go beyond normal wear and tear. 

Security Deposit Laws in Hawaii

Hawaii landlord-tenant laws allow you to charge a security deposit up to the cost of one month’s rent—and you can withhold part of all of a security deposit under certain circumstances, including:

• Unpaid rent
• Cleaning costs after the tenant moves out
• Any damage caused by animals living in the unit
• A tenant’s failure to return unit or mailbox keys, fobs, parking lot keycards, or garage door openers
• Covering the cost of damage brought on by a renter violating the terms and conditions of their lease
• Damages to the property beyond normal wear and tear
• Attorney fees
• Covering the cost of early lease termination

If you withhold any—or all—of the security deposit, you must give the former resident a written itemized list of deductions. The list should include the amount of unpaid rent, damages to the property by the renter, and estimates for any services you’re deducting, like repair services.

The exception is when a tenant wrongfully quits (abandons the unit) and leaves the property for 20 days or more without paying rent or giving written notice. If this occurs, you’re entitled to keep the entire security deposit without adding deductions.

Another thing to remember is that you do not have to keep security deposits in a separate bank account—nor do you have to provide a receipt for the deposit or pay interest made on the held security deposit to the tenant.

Returning Security Deposits

Per Hawaii landlord-tenant laws, you have to return any unused money from the security deposit to a renter within 14 days of them leaving. If you fail to pay on time or don’t return the deposit at all, you can expect:

• Potential legal consequences—tenants can sue for the full deposit plus 3x the amount withheld and court costs
• If the small claims court finds that you wrongfully kept the deposit, you’ll also forfeit the right to deduct any money from the security deposit and have to return the full amount

Service Animals and Pet Deposits

Security deposits don’t include any pet deposits or associated fees, so you can require an additional pet deposit (up to one month’s rent).

But keep in mind that, to comply with Hawaii landlord-tenant laws, you must provide all tenants reasonable accommodation, including those with service animals. If a renter has a service animal, you cannot charge a pet deposit.

Lease Termination Laws in Hawaii

Want to end the lease so you can sell the property or use it for something else? Under Hawaii landlord-tenant laws, you can. You’ll just need to give 120 days’ notice.

But if a tenant wants to end their lease early, they’ll need to give you notice based on their lease term:

• Weekly requires 10 days’ notice
• Monthly requires 28 days’ notice
• Quarterly and yearly leases don’t require notice

The good news for landlords is that if a renter cancels their lease early, they’re still liable to pay the remaining rent payments for the duration of the original lease. There are a few exceptions to this. 

Renters can break the lease early and not pay the remaining rent if:

• They’re starting active-duty military
• They’re a victim of domestic violence
• The unit is no longer habitable or doesn’t meet health and safety codes
• The lease has an early termination clause
• The landlord harasses them

Eviction Laws in Hawaii

To comply with Hawaii landlord-tenant laws, you’ll need to comply with eviction notice timelines, follow the process, and understand what causes justify an eviction. 

Non-Payment of Rent

In Hawaii, rent is considered late the day after its due date—if a resident doesn’t pay rent on time, you can evict them. Before you can start the eviction process, you’ll need to give the tenant a 5-day notice to quit, which states that they have five days to pay rent or leave.

If they stay past the five days without paying, you can move forward with the eviction process. But if a tenant pays rent in full before the eviction hearing, you cannot evict them and the eviction process stops. If they can’t pay, they’ll need to leave the property. 

Criminal Activity

If you have proof of a tenant’s criminal activity on your property, you can give them a 24-hour notice to quit for an offense considered a “common nuisance.” This gives the resident 24 hours to fix the issue.

Should the renter fail to fix the stated issues, you must then give them a 5-day notice to quit before starting the eviction process.

But if the criminal activities they’re involved in cause or threaten harm to other tenants or the property, you can present the resident with an unconditional notice to quit.

For any other illegal activities that don’t threaten or harm others or the property, you can give the tenant a 10-day notice to comply.

Violation of the Terms and Conditions of the Lease

Hawaii landlord-tenant laws state that you may terminate a lease if the tenant violates the terms and conditions of the lease. To do so, you need to give the renter a written 10-day notice to comply that gives them 10 days to comply or leave the property.

If the violations relate to property damage or health and safety issues, you can give a notice to quit—without offering time to fix the violation. Lease violations include:

• Smoking in non-smoking areas
• Damages to the unit
• Having a pet in a pet-free unit or property

Demolition

If you’re planning to demolish rental units, all tenants must move out. You must give residents at least 120 days’ notice before starting the eviction process.

Short-Term Rental Conversion

Popular short-term rental companies like Airbnb and Vrbo have made short-term rentals more attractive for landlords. If you’re going to convert your property into a short-term rental, you have to give month-to-month tenants 120 days’ notice before filing an eviction. 

Condominium Conversion

Converting your property into condominiums leaves renters no option but to leave. If a condo conversion is in the plans, you have to give your month-to-month tenants at least 120 days’ notice before starting the eviction process.

Non-Renewal of Lease

While you can’t evict a tenant without good cause, you can start the eviction process if the renter becomes a holdover tenant. Even if they overstay their lease, Hawaii landlord-tenant laws prevent you from changing the locks without a court order.

If you want to evict at-will tenants on a monthly lease, you’ll need to give 45 days’ notice—week-to-week tenants only need 10 days’ notice.

The Eviction Process

To start the eviction process, document everything that led up to the eviction and use it in court as evidence. Once you have evidence in order, you’ll start the eviction process, which typically looks like this:

• You give the tenant a 10-day notice to leave the property
• You file an eviction lawsuit in the district court
• The court serves the tenant with a summons
• You attend the court hearing, present evidence, and get a judgment
• If you get a favorable ruling, the sheriff will remove the tenant from the property

You’ll need to ask the court for a Writ of Possession after you’ve won the case to legally evict the tenant.

Repair and Maintenance Laws in Hawaii

Just like in any other state, landlords in Hawaii must provide safe and habitable housing that meets all building and safety codes. You’re also responsible for maintenance and repairs, including:

• Making all necessary repairs to maintain a habitable rental unit
• Providing running water (except when the building is exempt by law)
• Providing and maintaining trash bins
• Providing removal of waste services (except in single-family residences)
• Keeping all facilities, like electrical and plumbing, in good working order

Your tenants also have the right to timely repairs—you have 12 days after receiving written notice from renters. If you don’t make the repairs within the 12 days, tenants can use “repair and deduct,” cancel their lease, or even take legal action.  

If they make the repairs or hire someone, they must give you the receipts and can only deduct up to $500 from next month’s rent.

Notice of Entry Laws in Hawaii

Hawaii landlord-tenant laws dictate that you must give tenants at least two days’ notice before you enter their unit, whether it’s for repairs, inspections, or anything else. If there’s an emergency, you can enter the unit without notice.

You can only enter their rental unit at reasonable times. And if you repeatedly fail to give notice, tenants can end their lease agreement without penalty and take you to court for landlord harassment.

Additional Hawaii Landlord-Tenant Laws

You’ve got a good idea of Hawaii landlord-tenant laws now, but there are a few additional laws you should be aware of to ensure compliance. Let’s take a look.

Housing Discrimination

The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, marital status, disability, age, and HIV status. Hawaii landlord-tenant laws also protect tenants from discrimination, so if tenants feel like you violated these laws, they can file a complaint against you.

Owner-occupied homes and rental properties operated by religious organizations may be exempt from these laws.

Retaliation

Hawaii landlord-tenant laws don’t allow landlords to retaliate against tenants for taking protected actions—like reporting discrimination or safety violations. Forms of retaliation include:

• Increasing the tenant’s rent
• Threatening eviction
• Reducing services

If you retaliate, tenants can take legal action, and you’ll likely receive penalties. 

Mandatory Disclosures for Hawaii

Hawaii only has a few mandatory disclosures, but you’re required to disclose to the tenant before their tenancy begins. They are:

Lead-based paint. Federal law and Hawaii landlord-tenant laws require landlords with rentals built before 1978 to disclose if there’s lead-based paint on the property and the concentrations.

Authorized authorities. Hawaii landlord-tenant laws dictate that you must give tenants the names and addresses of everyone who owns and manages the property. If you live off the island where the property is, you must also disclose contact details for the on-island agent (in the lease agreement).

Inventory. You must inventory the unit’s condition and provide it to the tenant. It includes appliances and furnishings.

What to Include in a Rental Agreement in Hawaii

While Hawaii landlord-tenant laws allow for verbal or written leases under a year, it’s a best practice to have written leases as proof of the agreement between you and the tenant. If the rental agreement is a year or longer, it must be in writing.

You need to include all mandatory disclosures, plus:

• A description of the property
• The landlord’s and tenant’s names and addresses
• The rent amount
• Late fees and grace periods (if any)
• Length of the lease
• Security deposit clauses
• Pet deposit clauses (if they have or intend to have a pet)
• The person responsible for paying utilities

You cannot include anywhere terms that waive a tenant’s rights.

Looking to Lease in the Aloha State?

Before you start leasing property in Hawaii, make sure you fully understand Hawaii landlord-tenant laws. These laws protect the tenant and you as a landlord, too—understanding them will help mitigate the risks that come with property management.