Hawaii is considered a tenant-friendly state with protective laws in place that prevent unfair housing practices. These laws include regulations on security deposits, eviction procedures, notice requirements, rent increases, and maintenance obligations. While the state does not have rent control, landlords must follow strict timelines and disclosure rules to remain compliant.
These landlord-tenant laws in Hawaii are governed by the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521), which applies to most rental agreements in the state. These regulations outline the rights and responsibilities of both landlords and tenants and are essential for anyone renting or managing property in Hawaii. Some counties may also have their own ordinances that further regulate rental housing.
Together, we'll cover the most important landlord-tenant laws in Hawaii, including rules around lease agreements, rent payments, security deposits, and evictions. Keep in mind that this is not an exhaustive summary, and Hawaii laws are subject to change. Always consult the Hawaii Revised Statutes or seek legal advice from an attorney for the most up-to-date and applicable guidance.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.
NEW! 2025 Hawaii Rental Laws
The following new rental laws passed in Hawaii in recent years:
Mandatory Mediation Before Eviction (Act 202): Beginning on February 5, 2025, Act 202 requires landlords to offer tenants the opportunity for mediation before initiating eviction proceedings for nonpayment of rent. If a tenant requests mediation within 15 days of receiving an eviction notice, the landlord must participate in the mediation process. This measure is meant to provide a platform for landlords and tenants to resolve disputes amicably and potentially avoid court proceedings.
Regulation of Tenant Screening Fees (Act 200): As of May 1, 2024, landlords are prohibited from charging tenant screening fees that exceed the actual cost of obtaining information about the applicant. Any unused portion of the fee must be refunded to the applicant within 30 days. This law ensures transparency and fairness in the tenant application process
Hawaii Quick Facts
Required Disclosures
Lead-based paint Landlord/agent ID Property condition Copy of Lease
Rent and Fees
Application Fees: Permitted Rent Control: N/A Late Fee Limit: 8% of amount due Grace Period Minimum: N/A
Notice: 2 days Permitted Times of Entry: Reasonable
Fair Housing Protections
Race Color National origin Religion Sex Familial status Disability Gender identity/expression Sexual orientation Marital status Ancestry Age HIV status Pregnancy
Eviction Notices
Rent Demand Notice: 5-day pay-or-quit notice Notice for Lease Violation: 10-day cure-or-quit notice Unconditional Notice to Quit: Immediate quit notice
Rights and Responsibilities of Hawaii Landlords and Tenants
Hawaii’s landlord-tenant laws create a balanced framework that outlines the rights and responsibilities of both landlords and tenants. These laws ensure that landlords provide safe and habitable housing, while tenants are expected to uphold their obligations under the lease agreement.
Below is a summary of the key rights and responsibilities for landlords and tenants in Hawaii:
Hawaii landlords have the right to:
Receive rent paymentsas specified in the lease agreement.
Request a security deposit up to one month’s rent, and an additional pet deposit if applicable.
Enter the property for inspections, repairs, or showings with at least two days' notice, or immediately in emergencies.
Allowing the landlord to enter the unit for inspections or repairs with proper notice.
Giving appropriate notice before ending the tenancy, as required by the lease or state law.
Hawaii Required Disclosures
Required disclosures are pieces of information that landlords in Hawaii must legally provide to tenants before or at the start of a lease. These disclosures are intended to create transparency and protect tenants from health hazards, confusion over rental terms, or unclear responsibilities.
Below are some of the most important required disclosures in Hawaii:
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identification (HRS § 521-43(a)). Landlords must disclose to the tenant in writing the name and address of the person authorized to manage the premises and the person responsible for receiving notices.
Property Condition (HRS § 521-42(a)). Prior to the beginning of the tenancy, the landlord must inventory the premises and provide a written record detailing its condition, as well as the condition of any furnishings or appliances. Both the landlord and the tenant should sign a copy.
Hawaii does not have state-wide rent control, but there are still important rules landlords must keep in mind in regards to rent collection, late fees, and tenant remedies. Understanding these laws helps ensure compliance with the Hawaii Residential Landlord-Tenant Code and supports fair rental practices.
Below are the key rent and fee regulations Hawaii landlords should know:
Rent Payments
Due Date: Unless otherwise specified in the lease or rental agreement, Hawaii tenants should pay rent at the dwelling unit on the first of the month (HRS § 521-21(a)).
Rent Increases: There is no statewide rent control in Hawaii, but landlords should follow standard procedures for notifying tenants of a rent increase before the start of a new rental period.
Grace Period: There is no mandatory grace period in Hawaii.
Fees
Application Fees: Rental application fees are not regulated in Hawaii.
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $30 (HRS § 490:3-506.5).
Tenant Remedies
Withholding Rent/Repair and Deduct: If the landlord fails to begin a necessary repair within five days of notification, the tenant may arrange for the repairs and deduct up to $500 from rent, provided they submit receipts (HRS § 521-64(a)).
Security Deposits
Security deposits in Hawaii are governed by the Hawaii Residential Landlord-Tenant Code. These rules limit the amount landlords can charge, establish deadlines for returning deposits, and specify when deductions are allowed. Following these laws helps avoid disputes and ensures that both parties remain protected.
Below is an overview of Hawaii’s security deposit regulations:
Deposit Limit: 1 month’s rent, plus an additional pet deposit less than or equal to one month’s rent (HRS § 521-44(b)).
Interest: Landlords in Hawaii are not required to pay interest on security deposits.
Deposit Location: Landlords are not required to keep security deposits in a separate bank account.
Withholding: Landlords may withhold funds from the security deposit for rental property repairs, unpaid rent, failure to return keys, cleaning, damages, pet damages, or unpaid utility bills. The landlord must also send the tenant a written itemization of any deductions (HRS § 521-44(a)).
Hawaii Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants in Hawaii are protected from discrimination in housing under both federal and state law. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits landlords from making rental decisions based on a tenant’s membership in a protected class. Hawaii law extends those protections further. Discrimination occurs when landlords use protected characteristics to justify decisions at any stage of the rental process. This includes:
Accepting or rejecting applications
Setting rental prices or deposits
Advertising or writing rental listings
Providing maintenance and repairs
Applying rules or lease terms unevenly
Choosing to evict or not renew a lease
etc.
What are the protected classes in Hawaii?
Under federal law, the following classes are protected:
Income derived from public assistance or housing vouchers
Status as a victim of domestic or sexual violence or stalking
These laws apply throughout the rental process, and violations can result in serious legal consequences. For more information, see Hawaii Civil Rights Commission and HRS Chapter 515.
Use of Credit Reports
Hawaii landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may be used during tenant screening in Hawaii. Hawaii landlords should follow the Fair Housing Act for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Hawaii law sets clear expectations for when and how landlords may enter a tenant’s rental unit. These rules are designed to protect tenant privacy while allowing landlords reasonable access for legitimate purposes like maintenance or inspections.
Permitted Times: Hawaii landlords may only enter at reasonable times. Landlords may enter for inspections, repairs, decorations, alterations, improvements, services, or showings (HRS § 521-53(a)).
Emergency Entry: In case of an emergency, the landlord may enter without providing advanced notice (HRS § 521-53(b)).
Hawaii Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. There are both landlord responsibilities and tenant obligations throughout the process, regardless of whether the eviction is for overdue rent, damage to the rental unit, or another noncompliance with the lease agreement. Before pursuing eviction in Hawaii, consider hiring an experienced real estate attorney and be sure to review the Hawaii eviction process in more detail.
Rent Demand Notice: 5 days to pay or quit (HRS § 521-68(a)).
Notice for Lease Violation: 10 days to cure or quit. What happens with a lease violation? If the tenant is in material noncompliance with section 521-51(1), the landlord may terminate the lease and sue for possession of the property after sending a ten-day notice to cure or quit (HRS § 521-69(a)).
Unconditional Notice to Quit: Immediate notice to quit. This notice applies when a tenant’s noncompliance causes or threatens irremediable damage to any person or property (HRS § 521-69(a)).
In Hawaii, squatters are people who occupy a property without the legal permission of the owner or a valid lease agreement. Hawaii requires that landlords to go through the formal eviction process to remove squatters, and self-help methods such as changing the locks or shutting off utilities are illegal.
Squatters in Hawaii may attempt to claim ownership of a property through adverse possession, but doing so is difficult and requires meeting strict legal requirements. Under Hawaii law, a squatter must meet the following requirements:
Occupy the property continuously for at least 20 years (HRS § 669-1(e)).
Possess the property openly, notoriously, and without the owner’s permission.
Treat the property as their own without interruption.
These cases are very rare, but if you suspect someone is unlawfully occupying your property, consult a qualified Hawaii real estate attorney and follow the proper legal procedures for eviction.
The current Hawaii average rent according to Zillow is $2,800 per month.
The average rent rate in Honolulu according to Zillow is currently $2,500 per month.
In Hawaii, it is illegal to include a provision in any rental agreement that gives the landlord the right to evict a tenant for using medical cannabis for health purposes (HRS § 521-39).
Conclusion
Hawaii’s landlord-tenant laws are in place to protect the rights of both parties while ensuring safe, fair, and habitable housing. Understanding these regulations, ranging between everything from rent and deposits to entry and eviction, helps landlords and tenants avoid disputes and build stronger rental relationships.
FAQs
Is Hawaii a landlord-friendly state?
Yes, Hawaii is generally considered tenant-friendly. The state enforces strict rules on rent increases, security deposits, repairs, and eviction procedures to protect tenants' rights.
How much can a landlord charge for a security deposit in Hawaii?
Landlords may charge up to one month’s rent as a security deposit, plus an additional month’s rent if the tenant has a pet (HRS § 521-44(b)).
How quickly must landlords return a security deposit?
Landlords must return the security deposit within 14 days of the lease ending, along with a written itemization of any deductions (HRS § 521-44(c)).
Are there rent control laws in Hawaii?
No, there is currently no statewide rent control in Hawaii. However, rent increases must follow lease terms and cannot be made during the lease period unless otherwise stated.
Can tenants withhold rent for repairs in Hawaii?
Yes. If a landlord fails to begin necessary repairs within 5 days of written notice, the tenant may arrange for the repair and deduct up to $500 from rent, with proper documentation (HRS § 521-64(a)).
How much notice must a landlord give before entering a unit?
Landlords must give at least 2 days' notice before entering a unit for non-emergency reasons and may only enter at reasonable times (HRS § 521-53).
Is medical cannabis use grounds for eviction in Hawaii?
No. It is illegal for a rental agreement to include a clause that allows eviction solely for the legal use of medical cannabis (HRS § 521-39).
2 thoughts on “Hawaii Landlord Tenant Laws [2025]”
Is it legal to require a certain credit score, in order to qualify for a rental
Hey Tehane, The rules regarding this matter can vary from state to state. Nonetheless, in some states, landlords have the freedom to establish their own tenant screening criteria, which may include a person’s credit score as one of the parameters. Innago offers valuable real estate educational resources to its users, but it’s important to understand that we cannot provide legal advice.
Is it legal to require a certain credit score, in order to qualify for a rental
Hey Tehane, The rules regarding this matter can vary from state to state. Nonetheless, in some states, landlords have the freedom to establish their own tenant screening criteria, which may include a person’s credit score as one of the parameters. Innago offers valuable real estate educational resources to its users, but it’s important to understand that we cannot provide legal advice.