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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Hawaii's landlord-tenant laws establish clear rights and responsibilities for both landlords and tenants, ensuring a fair and habitable living environment.
Below is a comprehensive overview of these rights and responsibilities, along with relevant citations from the Hawaii Revised Statutes.
Rights
Responsibilities
Rights
Responsibilities
Sources: Hawaii Landlord Tenant Handbook | Hawaii Department of Commerce and Consumer Affairs (.gov), LANDLORD RIGHTS & RESPONSIBILITIES | legal aid society of hawai‘i.
Tenant's Consent: The tenant cannot unreasonably deny access to the landlord for inspections, repairs, providing agreed services, or showing the unit to potential buyers or tenants.
Landlord's Obligations: The landlord must not abuse the right of access or harass the tenant. Except in emergencies, the landlord must give at least two days' notice and enter only during reasonable hours.
Other Entry: Entry without notice is only allowed with a court order, if the tenant has abandoned the property, or under certain legal provisions.
(HRS § 521-53).
While landlords can impose late fees, they must be reasonable and must not exceed 8% of the amount of rent due (HRS § 521-21). There is no mandated grace period for late payments.
No, Hawaii does not have statewide rent control laws, which means landlords have significant discretion in setting and increasing rental rates based on market conditions and economic factors.
This allows for flexibility in setting rental prices but has also sparked discussions about the need for potential rent control measures due to the high cost of living and housing shortages in the state.
Under Hawaii law, landlords must provide tenants with proper notice prior to any rent increase. The specific requirements are as follows:
Several limitations exist regarding how and when landlords can raise rent:
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When creating a rental application in Hawaii, landlords must comply with specific laws designed to protect both parties and ensure fairness in the rental process. Understanding these regulations is crucial for landlords and tenants alike.
Under Hawaii law, landlords are permitted to charge a tenant screening fee; however, this fee cannot exceed the actual costs incurred in obtaining information about the applicant. This regulation is set to prevent landlords from imposing excessive fees on prospective tenants.
Any excess charges must be refunded to the applicant within 30 days of the screening request submission, as stipulated in Haw. Rev. Stat. § 521-46 (2024) and reinforced by Act 200, which took effect on May 1, 2024.
While Hawaii does not have a specific state law that prohibits housing discrimination, it is governed by the federal Fair Housing Act (FHA). The FHA prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, and criminal history.
Consequently, landlords must refrain from soliciting information related to these protected characteristics on rental applications and must not factor them into their decision-making processes.
Hawaii Revised Statutes (HRS) § 521-22 requires landlords to provide written notice of their tenant selection criteria to prospective tenants at the time of application. This notice must include the grounds for which an application may be denied, such as criminal history, credit history, current income, and rental history.
In Hawaii, landlords can gather the following information as part of their tenant screening including personal references, tenant reports, criminal background checks, and credit reports. They may pass the cost of obtaining these reports onto the tenant as a tenant screening fee.
Upon request, the landlord must provide the applicant with a receipt for the fee and a breakdown of the costs it covers.
Any unused portion of the fee must be refunded within 30 days after the screening requests are made.
The Federal Credit Reporting Act (FCRA) mandates that landlords obtain written consent from applicants before conducting credit checks. This consent must be clearly documented on the rental application form.
To create a comprehensive and effective rental application process, landlords should include the following key elements:
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In Hawaii, landlords are restricted to charging a security deposit that does not exceed the equivalent of one month's rent for unfurnished rental units. For furnished units, landlords may charge up to two months' rent as a security deposit (Haw. Rev. Stat. § 521-44(b)).
Landlords may require an additional deposit equal to one month's rent for tenants who keep pets. However, this is only permissible if explicitly stated in the rental agreement. (Haw. Rev. Stat. § 521-44(b))
Service animals, as defined by the Americans with Disabilities Act, are exempt from additional pet deposit requirements, ensuring that tenants with disabilities have equal housing access.
According to Hawaii law, landlords may use a tenant’s security deposit solely for the following purposes:
Yes. Landlords must provide tenants with written notice of any deductions from the security deposit within 14 days of the tenant moving out, along with an itemized list of damages (Haw. Rev. Stat. § 521-44(c)).
Hawaii law does not require landlords to maintain security deposits in a separate account, but they must manage them responsibly.
As such, the landlord must hold the security deposit for the tenant, and the tenant’s claim to it takes precedence over the landlord’s creditors. Security deposits can be commingled, but tenant rights remain protected (Haw. Rev. Stat. § 521-44(b)).
Landlords in Hawaii are mandated to return the tenant's security deposit within 14 days after the tenant has surrendered the rental property, which includes returning keys and vacating the premises (Haw. Rev. Stat. § 521-44(c)). If any deductions are made, landlords must provide a written accounting that includes copies of relevant invoices or receipts.
If a landlord fails to return the security deposit or provide a written notice within the 14-day period, they forfeit the right to retain any part of the deposit (Haw. Rev. Stat. § 521-44(c)).
Hawaii state law does not require landlords to pay interest on security deposits. While some local jurisdictions may have regulations requiring interest payments, there is no overarching state statute mandating this practice.
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A lease agreement in Hawaii is a legally binding contract between a landlord (lessor) and a tenant (lessee), outlining the terms of tenancy and occupancy rights within the state.
Under Hawaii law, particularly Chapter 521 of the Hawaii Revised Statutes (HRS), a standard lease must clearly articulate the terms and conditions of the rental, alongside the rights and responsibilities of both parties, providing legal protection for each side.
Yes, in Hawaii, oral leases are allowed. Landlords and tenants can agree verbally on the rental period, which can be as short as one week or as long as several months. However, if the rental agreement extends beyond one year, it must be put in writing.
A rental agreement can be terminated before the end of the rental period if both the landlord and tenant agree. If there is no mutual agreement, the party wishing to end the rental must follow specific procedures to do so. (Source)
To ensure a smooth rental experience, the following critical elements should be included in a Hawaii lease agreement:
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Breaking a lease in Hawaii carries significant implications for both landlords and tenants, governed by the Hawaii Residential Landlord-Tenant Code. Understanding these laws is essential to navigate the potential financial consequences that may arise from lease termination.
According to Hawaii Revised Statutes section 521-71, if a tenant breaks their lease early, they may be liable for rent until a new tenant occupies the unit or until the lease term ends, whichever occurs first. Conversely, landlords may experience lost income if they cannot quickly fill the vacancy, emphasizing the importance of considering all potential outcomes before deciding to terminate a lease early.
The notice required to terminate a tenancy in Hawaii varies based on the type of rental agreement:
Tenants may legally terminate their lease early under specific circumstances without facing penalties. Valid reasons include:
Hawaii's eviction laws are governed by a comprehensive legal framework that outlines the rights and responsibilities of landlords and tenants. These laws are primarily codified in the Hawaii Revised Statutes (HRS), particularly under HRS § 521-68 to 521-69, which detail the procedures and grounds for lawful eviction.
Understanding these laws is essential for both landlords and tenants, as they delineate the conditions and processes necessary for legal evictions while ensuring tenants receive fair treatment and due process.
Landlords must have valid legal grounds to evict a tenant, which are specified under Hawaii law. The primary grounds for eviction include:
Non-Payment of Rent: 5-day notice to pay or quit
This is the most common reason for eviction. If a tenant fails to pay rent, the landlord must issue a 5-day notice to pay or quit. This notice informs the tenant that they must pay the overdue rent or vacate the property within five days (HRS § 521-68(a)).
Lease Violations: 10-day notice to cure or quit
Tenants who violate terms of their lease agreement, such as unauthorized occupants or pets, creating a nuisance, or damaging the peorpty can be evicted. In this case, landlords must provide a 10-day notice to cure the violation or vacate (HRS § 521-69).
Termination For Threat Of Harm: Immediate Termination
Depending on the nature of the violation including illegal activities and threats of harm, the notice period may either be a 10-day notice to quit, or should the property or persons feel threatening of imminent danger an immediate eviction notice may be issued (HRS § 521-69).
Ending A Lease At The Need Of The Lease Term
Landlords may choose not to renew a lease at the end of its term. For month-to-month tenancies, a 45-day notice to vacate is typically required (HRS § 521-71).
A vital component of the eviction proceedings in Hawaii is the necessity for landlords to deliver appropriate written notification to tenants prior to initiating the eviction process. The specific type and duration of the notice are contingent upon the grounds for eviction, including:
The eviction process in Hawaii is structured to ensure fairness and legal compliance. Here’s a detailed breakdown of the steps involved:
This section provides a detailed overview of key laws governing homeowners associations (HOAs) in Hawaii, highlighting their implications for both landlords and tenants.
Implemented on June 16, 1997, the Hawaii Planned Community Associations Act regulates the establishment, administration, duties, and functioning of all homeowner associations in the state. This act outlines the rights and responsibilities of both the associations and their members, ensuring that governance is conducted transparently and equitably. It mandates that associations maintain accurate records, provide access to those records for members, and conduct meetings in accordance with established bylaws. (Hawaii Planned Community Associations)
The Hawaii Condominium Property Act governs the creation, oversight, powers, functioning, shared expenditures, voting privileges, management, and purchaser protection of all condominium associations in Hawaii. This act establishes the framework for the operation of condominiums, including the formation of the association, the rights of unit owners, and the responsibilities of the board of directors. It also addresses issues such as maintenance of common areas and the process for amending governing documents. (Hawaii Condominium Property Act)
The Hawaii Discrimination in Real Property Transactions Act provides protections similar to those in the federal Fair Housing Act. It prohibits discrimination in housing based on sexual orientation, disability, race, color, gender, religion, ancestry, marital status, age, familial status, or the presence of HIV. This legislation is crucial for ensuring that all residents have equal access to housing opportunities and are protected from discriminatory practices. (Hawaii Discrimination in Real Property Transactions
Many HOAs in Hawaii are organized as nonprofit corporations, governed by the Hawaii Nonprofit Corporations Act. This act regulates the corporate structure, governance, and operational procedures of nonprofit organizations, including HOAs. It requires that associations hold regular meetings, maintain financial records, and adhere to fiduciary responsibilities. (Hawaii Nonprofit Corporations Act)
Hawaii's squatters' rights, governed by adverse possession laws, provide a legal framework through which individuals can claim ownership of property they occupy without the owner's consent. This principle is rooted in the notion that property owners should actively manage their land; failure to do so may lead to a loss of rights over it.
The relevant statutes are outlined in the Hawaii Revised Statutes, specifically under §669-1 to §669-5.
To successfully claim adverse possession in Hawaii, a squatter must meet several stringent criteria:
Below, you’ll find some helpful Hawaii landlord–tenant law resources:
