Tenant Rights in Hawaii

Security Deposits

• Maximum amount1 month's rent. An additional 1 month's rent may be collected as a pet deposit.
• Return deadline14 days after the tenant vacates.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and reasonable costs of cleaning. Must provide an itemized list of deductions.

Eviction Process

• Notice requirements5 business days' notice for nonpayment of rent. 10-day notice for lease violations (with cure opportunity). 45-day notice for termination without cause on month-to-month tenancies.
• Judicial eviction requiredYes
• Estimated timeline3 to 6 weeks for uncontested cases.

Rent Control

Hawaii does not have statewide rent control. No local jurisdictions currently impose rent control. The state does not preempt local rent control by statute.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingAllowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice45 days' written notice by either party (28 days for week-to-week tenancies).

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent. Military members may terminate under the SCRA.

Key Statutes

• Hawaii Residential Landlord-Tenant Code: Haw. Rev. Stat. §§ 521-1 to 521-82
• Security Deposits: Haw. Rev. Stat. § 521-44
• Landlord Obligations: Haw. Rev. Stat. § 521-42
• Tenant Remedies: Haw. Rev. Stat. § 521-63 to 521-64
• Retaliation: Haw. Rev. Stat. § 521-74

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Hawaii

Frequently Asked Questions

• What is the security deposit limit in Hawaii?

  Hawaii limits security deposits to 1 month's rent. An additional 1 month's rent may be collected as a pet deposit. The landlord must return the deposit within 14 days after the tenant vacates.

• How much notice do I need to end a month-to-month lease in Hawaii?

  Either party must give at least 45 days' written notice to end a month-to-month tenancy in Hawaii, which is longer than in most states.

• Can I withhold rent if my landlord won't make repairs in Hawaii?

  Yes. Hawaii law allows tenants to withhold rent or use the repair-and-deduct remedy if the landlord fails to maintain the premises in a habitable condition after written notice and a reasonable time to repair.

• Does Hawaii have rent control?

  No. Hawaii does not have statewide or local rent control. Landlords may raise rent by any amount with proper notice (45 days for month-to-month tenancies).

Sources

• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)