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Disclaimer: Every effort is made to ensure that the information is accurate and current, but the
information presented is without warranties, express or implied, regarding the information’s accuracy,
timeliness, or completeness. The Hawaii Access to Justice Commission, Hawaii Justice Foundation,
State of Hawaii Judiciary, and authors shall not be held liable for any loss or damage whatsoever
resulting from any use made of this information. This document is intended for educational and
informational purposes only.
LANDLORD AND TENANT LAW IN THE STATE OF HAWAI`I
HOW IS A RENTAL AGREEMENT CREATED?
Rental agreements may be either written or oral.
Written agreements may be for any length of time: month-to-month, six months, one
year, or any other term. All promises and house rules should be included in the
agreement.
An oral agreement normally creates a month-to-month tenancy and may not exceed
one year. While oral agreements are more easily reached, exact promises and details
should not be neglected. Problems often arise when promises are made but are not
clearly spelled out.
In addition to the rental agreement, the landlord is required to give the tenant a written
inventory detailing the condition of the unit and its furnishings, if any. The inventory
should be as specific as possible and should note how clean the unit is. Both the
landlord and the tenant should have signed copies of the inventory. If the landlord does
not provide this inventory to the tenant, the premises are presumed to be in the same
condition on move-out as when the tenant first moved in. The landlord may offer proof
to the contrary.
If the owner of the unit does not live on the island, the tenant must also be provided with
the name and address of the owner’s agent. The agent must reside on the same island
as the rental unit.
MAY THE LANDLORD REQUIRE A SECURITY DEPOSIT?
A landlord may require the tenant to provide a security deposit. At the end of the rental,
the security deposit may be used to pay for damage to the unit, unpaid rent, unreturned
keys, cleaning, or repairs (except for normal wear and tear). The total security deposit
may not exceed one month’s rent. Landlords are not allowed to have additional
deposits, such as a key deposit or a pet deposit, unless the total amount of deposits is
not more than one month’s rent. [Leases after November 1, 2013 are allowed to have
pet deposits, not to exceed one month’s rent, but not applicable for assistance animals
– Act 206 of 2013 Legislative Session.]
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Disclaimer: Every effort is made to ensure that the information is accurate and current, but the
information presented is without warranties, express or implied, regarding the information’s accuracy,
timeliness, or completeness. The Hawaii Access to Justice Commission, Hawaii Justice Foundation,
State of Hawaii Judiciary, and authors shall not be held liable for any loss or damage whatsoever
resulting from any use made of this information. This document is intended for educational and
informational purposes only.
WHEN DOES THE LANDLORD RETURN THE SECURITY DEPOSIT?
Within 14 days after the tenancy ends (except when the tenant wrongfully quits the
unit), the landlord must return the security deposit to the tenant or notify the tenant in
writing of the reasons for any deductions and provide copies of all bills or estimates for
repairs, cleaning and the like, as well as return any remainder of the security deposit. If
written notification is not provided within the 14 day period, no deductions may be made
and the entire security deposit must be returned.
CAN THE LANDLORD INCREASE THE RENT?
When the term of a rental agreement is fixed, the rent may be increased only in
accordance with the agreement. When the term is month-to-month, the landlord must
give the tenant written notice at least 45 days before increasing the rent.
WHEN DOES THE RENTAL AGREEMENT TERMINATE?
When the termination date is stated in the agreement itself, there is no need for any
additional notice. When the rental agreement is month-to-month, a landlord must give
at least 45 days written notice to the tenant in order to terminate the agreement. If a
tenant vacates the unit at any time within the 45 day period, the tenant only needs to
pay rent for the days the unit was occupied. If the landlord wants to demolish or convert
the unit to a condominium or vacation rental, the tenant must be given at least 120 days
written notice.
A tenant who wants to terminate a month-to-month rental agreement must give the
landlord at least 28 days written notice. The tenant is responsible for rent through the
28
th
day.
If the tenant remains in the unit after the termination date without the landlord’s consent,
the tenant becomes a “holdover tenant” and may be responsible for paying double the
monthly rent, calculated on a daily basis, for each day the tenant remains in possession
of the unit.
WHAT ARE THE LANDLORD’S DUTIES?
The landlord must provide the tenant with a habitable dwelling unit. The unit must be
ready for the tenant on the first day of the tenancy and must conform to all applicable
health and safety laws.
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Disclaimer: Every effort is made to ensure that the information is accurate and current, but the
information presented is without warranties, express or implied, regarding the information’s accuracy,
timeliness, or completeness. The Hawaii Access to Justice Commission, Hawaii Justice Foundation,
State of Hawaii Judiciary, and authors shall not be held liable for any loss or damage whatsoever
resulting from any use made of this information. This document is intended for educational and
informational purposes only.
WHAT ARE THE TENANT’S DUTIES?
The tenant must act in good faith and keep the premises in a clean and fit condition.
The tenant must comply with all laws and house rules.
WHO IS RESPONSIBLE FOR REPAIRS?
It is the landlord’s responsibility to maintain and repair the premises in good faith and in
a timely manner. If the landlord does not begin repairs, the tenant may perform the
repairs or have them done. The tenant may then provide all receipts to the landlord and
deduct from the rent up to $500 for the tenant’s actual expenditures for work done to
correct the defective condition.
Different rules apply where the repairs involve an emergency, such as breakdown of a
major appliance or electrical or plumbing facilities, or conditions which violate a health
or safety code.
The tenant may not repair a dwelling unit at the landlord’s expense when the condition
complained of was caused by the want of due care by the tenant, a member of the
tenant’s family, or other person on the premises with the tenant’s consent.
In most instances, the tenant may not withhold the payment of rent because of a dispute
with the landlord.
DISPUTES – SMALL CLAIMS COURT
Disputes between landlords and tenants that cannot be resolved informally may be filed
as a claim in the Small Claims or Regular Claims Division of the District Court. If the
dispute involves the security deposit, it must be filed in the Small Claims Division, and
no attorney is allowed to represent either party.
