Hawaii Landlord Tenant Law Explained

Hawaii has certain actions that must be fulfilled by both landlords and tenants when a rental agreement is in place.

Here is an overview of the landlord tenant law within the state and an explanation of each key point.

1. Tenants Have a Right To Withhold Rent.

If needed repairs must be made within a rental unit, the tenant must provide their landlord with a written notice of this repair.

This only qualifies for “important” repairs, such as hot water, heating, and sewage removal.

If the repairs are not made, the tenant can hire a contractor for the repairs and deduct the cost from rent.

2. Landlords Must Provide Suitable Notice For All Changes.

Changes to a rental agreement even include nonpayment of rent.

Tenants have 5 days in Hawaii to pay their rent or move out before a landlord can file for an eviction.

At least 45 days notice is required for landlords to raise rent on a rental unit and there are specific notice periods for additional lease violations or changes that may occur.

3. Certain Actions Permit An Unconditional Quit Notice.

If damage to a rental unit is beyond repair, violent conduct has occurred, or if there are threats to conduct oneself is such a fashion, then landlords are permitted to file an unconditional quit notice for eviction.

If the tenant does not move out immediately, the filing for a court intervention may occur immediately.

4. Tenants Have The Right To a Fast Return Of Their Money.

Tenants are required to receive their security deposit 14 days or before after moving out of a rental unit.

Landlords are only allowed to request a security deposit that is equal to one month of rent.

If there is a violation in the return of the deposit, tenants are not capped in small claims court for the amount for which they can sue.

5. Landlords Must Provide Notice For Entry.

48 hours notice is required in almost all circumstances in Hawaii for landlords to enter a property.

Exceptions include unsafe living conditions, suspicion of abandonment, or by prior agreement.

The Hawaii landlord tenant law explained here briefly covers the most common questions that are asked.

If you have specific questions about your circumstances, be sure to access the complete landlord tenant laws that govern the state of Hawaii for the answer you seek.

Posted on Sep 22, 2015


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