Hawaii Landlord Tenant Law (Ultimate Landlord Guide)

In Hawaii, all residential rental relationships are enforced by Hawaii's landlord tenant act. These codes are the rulebook: setting money limits, landlord access rules, maintenance timelines, notice periods, and eviction procedures.

When in doubt, consult the codes—not hearsay from the mainland—to remain a legally compliant and responsible landlord.

In today’s blog post from Hawaii Coastal, we’ll be going over the key elements of Hawaii’s Landlord–Tenant code to update you the current fair housing practices and key landlord-tenant laws.

Everything You Need to Know About Hawaii’s Landlord-Tenant Laws

Fair Housing in Hawaii

Hawaii bars housing discrimination on race, color, religion, sex (including gender identity/expression), sexual orientation, marital status, familial status, ancestry, disability, age, and HIV infection according to the Hawaii Fair Housing laws.

Separately, since May 1, 2023, “source of income” (e.g., Section 8) is also protected under Title 28 515-3 Discriminatory Practices.

Service and assistance animals are a reasonable accommodation; you can ask for limited verification if the need isn’t obvious, but you can’t demand medical records or charge a pet deposit for an assistance animal.

What Landlords Can (and Can’t) Collect

At lease or rental agreement signing, a Hawaii landlord may take only the first month’s rent and a security deposit up to one month’s rent. If a pet is allowed, a separate pet deposit up to one month’s rent is permitted.

Service animals are not “pets” and so there is no pet deposit for them.

For a Hawaii tenant's security deposit returns, at move‑out, the landlord has 14 days to send an itemized deduction statement with receipts/estimates and return any balance. If the landlord fails to do this it can trigger statutory damages (up to 3× the amount wrongfully kept) in small claims.

No “cleaning fees,” “admin fees,” or “last month’s rent” can be tacked on at the start unless the parties clearly agree to designate prepaid rent as such under the lease or rental agreement. The default is strict: only the first month’s rent and the lawful deposit. Though landlords may charge a late fee of up to 8% of the delinquent rent, if the lease authorizes a late fee.

For all rent raises, the landlord must provide 45-days notice for month-to-month tenants, 15 days for shorter-than-monthly leases.

Application Screening Fees

Hawaii now allows tenant screening fees but only to cover the actual cost of obtaining applicant information (credit, criminal, tenant reports).

No padding is allowed. Keep receipts and provide an itemization on request.

Unused amounts must be refunded within 30 days, and fees may only be charged to adults (18+) or emancipated minors at the time the application is processed.

Privacy & Access: Two Days’ Notice, Reasonable Hours

Except for emergencies, landlords must give at least two days’ notice and enter at reasonable times for access to the rental unit.

If a landlord repeatedly demands or makes unreasonable entries, the tenant can terminate the rental agreement or seek an injunction, and courts may impose a civil penalty (up to $100) for abuse.

Repairs, Habitability & Repair‑and‑Deduct

Landlords must maintain fit and habitable premises. Repair start times depend on the problem category and each has a tenant remedy if the landlord doesn’t perform:

• Essential services/major systems: (e.g., plumbing, electrical, major appliances): landlord must commence repairs within 3 business days of oral or written notice.
• Health or safety violations: violations must be verified by DOH or another agency: landlord must commence repairs within 7 calendar days of the agency notice.
• Other material defects: landlord must commence repairs within 12 business days after written notice.

If the landlord doesn’t start in time, tenants may (with receipts) repair and deduct.

Repairs must follow the following timelines:

• 3 business days for essential services
• 7 calendar days after a health/safety agency notice
• 12 business days for other material defects—then tenants may repair‑and‑deduct up to $1,000 or one month’s rent (whichever is greater), within six‑month aggregate limits.

Act 32 (2024) increased the per‑repair cap to $1,000 or one month’s rent (whichever is greater) and confirmed the six‑month aggregate cap of up to three months’ rent, as long as the tenant listed all known issues in the initial notice.

If your tenant simply withholds rent for repairs, or fails to provide the receipts, they are in violation of the law. Hawaii doesn’t have a blanket “withhold and live for free” rule. The lawful route is repair‑and‑deduct or file in court. If an eviction is filed, expect a rent trust fund order requiring deposits to the court until the judge rules.

Tip: The Office of Consumer Protection’s 2024 Handbook incorporates these Act 32 changes and shows the timelines in chart form.

Repair Retaliation Is Off Limits

If a tenant complains in good faith to the landlord, the department of health, office of consumer protection, or requests repairs under the Code, you cannot retaliate in any form, like evicting the tenant, raising the rent, or reducing key services.

Courts take this seriously. See the case of Cedillos v. Masumoto as an example.

Rent Rules: Due Dates, Late Fees, and Increases

• Late fees must be in the lease and cannot exceed 8% of the unpaid rent due. No statutory grace period.
• Rent increases require written notice: 45 days for month‑to‑month, 15 days for shorter‑than‑monthly tenancies. In a fixed‑term lease, rent stays fixed unless the agreement says otherwise.

Ending the Tenancy (and Holdovers)

Under the 2025 landlord–tenant laws, you must provide written notice to the tenant. Different tenancies and leases require different notice periods. Here are the most common:

• Landlord to end month‑to‑month: 45 days’ written notice.
• Tenant to end month‑to‑month: 28 days’ written notice.
• Week‑to‑week: 10 days’ notice from either side.
• Demolition/condo conversion or other listed no‑fault reasons: 120 days’ notice.
• Holdover: after a proper termination, the tenant can pay enhanced damages to the landlord of up to double rent.

Nonpayment & Other Lease Breaches: Notices That Actually Work

When in the process of an eviction, you must follow the proper notice periods and timelines. Here’s what you need to know:

• Nonpayment of rent: Landlord serves a 5 business‑day notice after the tenant’s unpaid receipt. If not cured, file summary possession (eviction).
• Material noncompliance (tenant violations): Landlord gives a 10‑day right‑to‑cure notice. No cure time is required if the conduct threatens irremediable harm or illegal activity.
• No “self‑help” lockouts: Recovery of possession by shutting off water/power, changing locks, etc., is prohibited and can result in an eviction lawsuit; use court process.

Once an eviction case is in court and rent is disputed, the judge in district court can order the tenant to pay ongoing rent into the court.

This is called a rent trust fund. Failure to deposit the rent trust fund can lead to an immediate judgment for possession.

Medical Cannabis in Rentals (Yes—With Limits)

A lease clause that evicts a certified medical cannabis patient solely for lawful use is void, unless your lease also allows eviction for tobacco smoking and the cannabis is used by smoking. Condo/association documents that prohibit cannabis use can be overridden.

Required Lease Disclosures & Paperwork Hygiene

• Copy of the written lease must be furnished.
• Receipts for rent must be provided (canceled checks satisfy, but Hawaii tenants can ask for a receipt).
• If the owner lives off‑island (or out of state), you must designate an on‑island agent in the agreement.
• Keep owner/agent contact current, and provide it upon tenant’s written demand.
• GET number disclosure is expected so tenants can pursue applicable low‑income credits.

Practice pointer for landlords: If you don’t make the rental agreement disclosures after the Hawaii tenant demands them, you may face statutory penalties and fee exposure. Keep your lease template compliant.

Bottomline

Hawaii’s landlord–tenant laws are strict and constantly evolving to better protect tenants and landlords from disputes. Responsible landlording requires knowing the limits and protections put forth in Hawaii’s landlord–tenant laws, as a means to protect yourself, your reputation, and your investment livelihood.

Having read this guide, you can avoid common mistakes: charging unlawful fees, mistaken notice periods, or mishandled entire security deposits. These mistakes quickly become costly once brought to court.

If you’d rather focus on your property while we keep you compliant, Hawaii Coastal Property Management is here to help. Reach out to us and speak with a property management expert today.