Hawaii Landlord-Tenant Laws: Security Deposits, Eviction Rules & Tenant Rights (2026) • LeaseParser

1. Overview: Hawaii’s Residential Landlord-Tenant Code

Hawaii’s landlord-tenant relationship is governed by the Hawaii Residential Landlord-Tenant Code, found in Hawaii Revised Statutes (HRS) Chapter 521. This law covers most residential rentals in the state and lays out the rights and obligations for both landlords and tenants.

Hawaii is generally considered a tenant-friendly state. There’s a cap on security deposits (one month’s rent), a short 14-day return deadline, a statutory limit on late fees (8% of unpaid rent), strong habitability protections, and anti-retaliation provisions with real teeth. Landlords also need to give a full 45 days’ notice to terminate a month-to-month tenancy — one of the longer notice periods in the country.

The code applies to residential rentals. It does not cover transient accommodations (hotel rooms rented for fewer than 100 days), commercial leases, or housing provided by an institution to a student or employee as an incident of education or employment.

2. Security Deposit Rules

Security deposit disputes are one of the most common landlord-tenant fights in Hawaii. The good news: the rules here are clear, specific, and tilted in the tenant’s favor.

Deposit Limits

Under HRS § 521-44, a landlord cannot collect a security deposit that exceeds one month’s rent. If you have a pet, the landlord can charge an additional pet deposit, but that also can’t exceed one month’s rent. So the absolute maximum upfront (beyond first month’s rent) is two months’ rent — one for the security deposit and one for the pet deposit.

Return Deadline

Your landlord has just 14 days after the rental agreement terminates to return your deposit or provide a written itemized list of deductions along with any remaining balance. That’s one of the shortest return windows in the country. Always provide your forwarding address in writing so there’s no excuse for delay.

Itemization Requirement

If your landlord keeps any portion of the deposit, they must give you a written itemized list of each deduction and a check for any remaining balance within those 14 days. Vague line items like “cleaning: $600” don’t satisfy the law. You’re entitled to know what was cleaned, why, and how much each item cost.

Penalty for Non-Compliance

Here’s where Hawaii law gets serious. If your landlord fails to return the deposit or provide the required itemization within 14 days, they lose the right to keep any part of it — the full deposit must be returned. And if a court finds the landlord wrongfully and willfully retained the deposit, you can recover three times the amount wrongfully withheld plus the cost of suit.

What They Can (and Can’t) Deduct

Your landlord can deduct for accrued unpaid rent and for damages beyond normal wear and tear. They cannot deduct for:

Normal wear like minor scuff marks and small nail holes
Carpet worn from regular foot traffic
Faded paint or curtains
Plumbing fixtures showing normal aging

Actual damage — holes in walls, broken fixtures, pet stains, burn marks — is fair game for deductions.

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3. Eviction Procedures and Notice Requirements

Your landlord can’t just tell you to pack up and leave. Hawaii law requires a formal process, and cutting corners means the eviction can get thrown out in court.

Notice for Unpaid Rent

Under HRS § 521-68, if you don’t pay rent when it’s due, your landlord must give you a written five-day notice to pay or vacate. If you pay in full within those five days, the tenancy continues. If you don’t, the landlord can terminate the rental agreement and file for eviction in district court.

New for 2026: Act 278 created a two-year pilot program (effective February 5, 2026) that lets tenants request mediation within 10 days of receiving an eviction notice for nonpayment. If a tenant requests it, the landlord must participate in the mediation before proceeding.

Notice for Lease Violations

For other lease violations — unauthorized pets, noise issues, unauthorized occupants — the landlord must deliver a written 10-day notice specifying the violation and giving you time to fix it. If you cure the breach within 10 days, the lease continues. If you don’t, the landlord can terminate and file for eviction.

Immediate Termination

In extreme situations — if a tenant causes or threatens to cause serious damage to the property or any person on the premises — the landlord doesn’t need to give any notice period. They can go directly to court and file for eviction.

No-Cause Termination (Month-to-Month)

For month-to-month tenancies, a landlord can terminate without stating a reason, but they must give at least 45 days’ written notice. If the landlord plans to demolish the building, convert it to condos, or switch to vacation rentals, the notice period jumps to 120 days.

Illegal Self-Help Evictions

Under HRS § 521-63, it’s illegal for your landlord to change the locks, shut off utilities, remove your belongings, or otherwise block you from entering your unit without a court order. If they do, you can recover possession and seek damages.

Holdover Tenants

Under HRS § 521-71, if you stay past your termination date without the landlord’s consent, you can be liable for up to twice the monthly rent, prorated daily, for each day you remain in possession.

4. Landlord Entry and Notice Rules

Your landlord owns the property, but you’re paying for the right to live there. Hawaii law protects your privacy with some of the clearest entry rules in the country.

Two-Day Notice Requirement

Under HRS § 521-53, your landlord must give you at least two days’ notice before entering your unit, and entry can only happen at reasonable times. The notice can be written or oral. You cannot unreasonably withhold consent for the landlord to enter for inspections, repairs, agreed-upon services, or to show the unit to prospective tenants or buyers.

Exceptions

Emergencies — Fire, burst pipes, flooding, or other situations that pose immediate risk to the property or people. Your landlord can enter immediately without any notice.
Extended absence — Under HRS § 521-70(b), if you’re absent for five or more days without notifying the landlord, they may enter as “reasonably necessary” for maintenance or safekeeping of the property.

Abuse of Access

The law is explicit: the landlord shall not abuse the right of access or use it to harass the tenant. If your landlord is entering without proper notice, entering at unreasonable hours, or using entry as a harassment tactic, you can seek relief in court.

5. Habitability Standards and Repairs

Hawaii landlords have a legal duty to keep your rental livable. This isn’t optional — it’s the law, and you have multiple remedies if they fall short.

What Your Landlord Must Provide

Under HRS § 521-42, your landlord is required to:

Comply with all applicable building and housing codes that materially affect health and safety
Keep common areas in a clean and safe condition (multi-unit buildings)
Make all repairs and arrangements necessary to keep the premises in a habitable condition
Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order
Provide and maintain appropriate receptacles for garbage removal (multi-unit buildings)
Supply running water and hot water at all times
Supply heating as far as conditions allow (for single-family residences)

Repair Timelines

Hawaii law sets specific deadlines for repairs. For essential services like electrical, plumbing, or major appliances necessary for sanitary and habitable living, the landlord must commence repairs within three business days of receiving notice. For other maintenance issues, the landlord must address them within 12 business days of written notice from the tenant.

Your Obligations as a Tenant

Under HRS § 521-51, you have responsibilities too:

Keep your unit reasonably clean and safe
Dispose of garbage and waste properly
Keep plumbing fixtures reasonably clean
Use all electrical, plumbing, and heating systems reasonably
Don’t deliberately or negligently destroy, deface, or damage any part of the premises
Don’t disturb your neighbors’ peaceful enjoyment

What You Can Do If Repairs Aren’t Made

Hawaii gives you several options when your landlord won’t fix things:

Repair and deduct: Under HRS § 521-64, if the landlord fails to respond within five days of your notice, you can make the repair yourself and deduct the cost from rent, up to $500.
Rent withholding: You may withhold rent for conditions that materially affect health and safety until the landlord makes the repair.
Termination: If the condition is serious enough, you can terminate the rental agreement.

One important caveat: these remedies don’t apply if the problem was caused by you, your family, or someone you let into the unit.

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6. Rent Payment Rules

When Is Rent Due?

Under HRS § 521-21, rent is due at the time and place agreed upon in your rental agreement. If your lease doesn’t specify, rent is payable at the beginning of each month at the dwelling unit.

Grace Periods

Hawaii law does not require landlords to provide a grace period. Rent is technically late the day after it’s due. If your lease includes a grace period, the landlord must honor it. But if there’s no grace period in your lease, don’t assume you have one.

Late Fees

Unlike many states that leave late fees entirely to the lease, Hawaii caps them by statute. Under HRS § 521-21, late fees cannot exceed 8% of the amount of rent that is overdue. And the percentage applies only to the unpaid portion. If your rent is $2,000 and you pay $1,500 on time, the maximum late fee is 8% of $500 — which is $40.

If your lease charges more than 8%, that clause is unenforceable under Hawaii law. It doesn’t void the whole lease, but the fee itself can’t be collected above the statutory cap.

7. Lease Termination and Breaking a Lease

Ending a Periodic Tenancy

Under HRS § 521-71:

Month-to-month (landlord): At least 45 days’ written notice
Month-to-month (tenant): At least 28 days’ written notice
Week-to-week or shorter: At least 10 days’ notice by either party

Notice that Hawaii gives tenants a shorter notice requirement than landlords for month-to-month tenancies — 28 days versus 45. That’s unusual and favors tenants.

Breaking a Fixed-Term Lease

If you’re on a 12-month lease and need to leave early, you’re generally liable for the remaining rent. But Hawaii law recognizes several legitimate reasons for early termination:

Landlord noncompliance: If the unit is uninhabitable and your landlord won’t fix it after proper notice
Illegal lockout or utility shutoff: Self-help eviction by the landlord (HRS § 521-63)
Military deployment: Under the federal Servicemembers Civil Relief Act (50 U.S.C. §§ 3901–4043)
Domestic violence: Hawaii provides protections for victims of domestic violence to terminate a lease early

Landlord’s Duty to Re-Rent

If you do break your lease, your landlord has a duty to make reasonable efforts to re-rent the unit at a fair price. You’re only liable for rent until a new tenant moves in. The landlord can’t leave the unit empty and bill you for the full remaining term.

Demolition and Condo Conversions

Under HRS § 521-71, if a landlord plans to demolish the building, convert it to condominiums under Chapter 514B, or change the use to transient vacation rentals, they must give at least 120 days’ notice before terminating a month-to-month tenancy. That extra time is meant to give you a real chance to find new housing in Hawaii’s tight rental market.

8. Retaliation Protections

This is one of the strongest protections you have as a Hawaii tenant, and it’s worth knowing well.

Under HRS § 521-74, your landlord cannot retaliate against you for:

Complaining to a government agency about health or safety code violations
A government agency filing a notice or complaint about the property
Requesting repairs or maintenance from your landlord
Exercising any legal right permitted under state or local law, including withholding rent for uninhabitable conditions

Retaliation can take the form of raising your rent, decreasing essential services, bringing an eviction action, or forcing you to leave involuntarily. All of it is prohibited.

What You Can Recover

If your landlord retaliates and you lose possession of your unit, you can recover actual damages, court costs, and reasonable attorney’s fees. You can also raise retaliation as a defense in any eviction proceeding.

9. Fair Housing Protections

Hawaii has one of the most comprehensive state fair housing laws in the country — broader than the federal Fair Housing Act.

Hawaii Fair Housing Law

HRS Chapter 515 prohibits discrimination in housing based on:

Race
Sex (including gender identity or expression)
Sexual orientation
Color
Religion
Marital status
Familial status (having children under 18)
Ancestry
Disability
Age
HIV infection

That’s significantly broader than federal law, which doesn’t cover sexual orientation, gender identity, marital status, ancestry, age, or HIV status. Your landlord cannot refuse to rent to you, charge you different terms, or provide different services based on any of these categories.

Where to File a Complaint

The Hawaii Civil Rights Commission (HCRC) enforces the state’s fair housing law. You must file a complaint within 180 days of the discriminatory act. You can also file a federal complaint with HUD within one year, or pursue a private civil action in court within two years.

Federal Protections

The federal Fair Housing Act (42 U.S.C. §§ 3601–3619) provides baseline protections and is enforced by HUD. You can file a federal complaint with HUD’s Office of Fair Housing and Equal Opportunity within one year of the discriminatory act.

10. Rent Control Status

Hawaii does not have statewide rent control. There is no state law limiting how much a landlord can raise your rent between lease terms.

During a fixed-term lease, your rent cannot increase unless the lease itself includes a rent escalation clause. For month-to-month tenancies, the landlord must give 45 days’ written notice before any rent increase takes effect.

Despite Hawaii’s notoriously high housing costs — particularly in Honolulu and on Maui — no county has enacted its own rent control ordinance. Rent stabilization proposals have been introduced in the state legislature periodically but have not passed into law.

11. Small Claims Court

In Hawaii, small claims cases are handled by the Small Claims Division of the District Court.

General maximum claim amount: $5,000
Security deposit disputes: No monetary cap — all tenant claims for return of a residential security deposit can be heard in small claims court regardless of amount
Where to file: The district court in the circuit where the rental property is located
Attorney optional: You can represent yourself

That no-cap rule for security deposits is a big deal. Even if your deposit was $3,000 and you’re seeking treble damages of $9,000, you can still use small claims court. Bring your lease, photos of the unit at move-in and move-out, copies of correspondence with your landlord, and any itemized deduction statement (or proof that one was never provided).

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12. Key Hawaii Statutes

Here’s a quick-reference table of the most important Hawaii landlord-tenant statutes. All are part of HRS Chapter 521 (Residential Landlord-Tenant Code), unless otherwise noted.

Section	Topic	Key Rule
§ 521-21	Rent	Rent due as agreed; late fees capped at 8% of unpaid amount
§ 521-42	Landlord maintenance	Must keep unit habitable; provide water, hot water, working systems
§ 521-44	Security deposits	Max 1 month’s rent; 14-day return; treble damages for willful retention
§ 521-51	Tenant obligations	Keep unit clean; use facilities reasonably; no damage
§ 521-53	Landlord access	2 days’ notice; reasonable times; no harassment
§ 521-63	Unlawful ouster	Illegal to lock out, shut off utilities, or remove tenant’s property
§ 521-64	Repair and deduct	Tenant can repair and deduct up to $500 if landlord fails to act in 5 days
§ 521-68	Eviction for nonpayment	5-day written notice to pay or vacate
§ 521-71	Termination of tenancy	45 days (landlord) / 28 days (tenant) for month-to-month; 120 days for demolition/conversion
§ 521-74	Retaliation	Prohibited for complaints, repair requests; damages + attorney fees
Ch. 515	Fair housing	Protects 11 classes including sexual orientation, gender identity, HIV status

13. Frequently Asked Questions

What is the security deposit limit in Hawaii?

One month's rent. Under HRS § 521-44, a landlord cannot require a security deposit that exceeds one month's rent. A separate pet deposit is allowed, but it also cannot exceed one month's rent. So the most a landlord can collect upfront (beyond first month's rent) is two months' rent total — one for the security deposit and one for the pet deposit.

How long does my landlord have to return my security deposit in Hawaii?

Fourteen days. Under HRS § 521-44, after the rental agreement terminates, the landlord has 14 days to return the deposit or provide a written itemized list of deductions along with any remaining balance. If the landlord misses that 14-day deadline, they forfeit the right to keep any portion of the deposit and must return it in full. And if a court finds the landlord wrongfully and willfully retained the deposit, the tenant can recover up to three times the amount wrongfully withheld.

How much notice does a landlord need to give before entering my apartment in Hawaii?

Two days. Under HRS § 521-53, your landlord must give at least two days' notice before entering your unit, and the entry must occur at a reasonable time. This notice can be written or oral. Exceptions include genuine emergencies like fires or burst pipes, where the landlord can enter immediately. The landlord cannot abuse the right of access or use it to harass you.

How quickly can my landlord start an eviction for unpaid rent in Hawaii?

Your landlord must give you a written five-day notice to pay rent or vacate. If you don't pay within those five days, the landlord can terminate the rental agreement and file for eviction in district court. As of February 2026, Act 278 established a two-year pilot program allowing tenants to request mediation within 10 days of receiving an eviction notice for nonpayment, which the landlord must participate in.

Is there rent control in Hawaii?

No. Hawaii does not have statewide rent control, and there is no state law that caps how much your landlord can raise the rent between lease terms. During a fixed-term lease, the rent cannot increase unless the lease itself includes a rent escalation clause. For month-to-month tenancies, the landlord must give 45 days' written notice before the increase takes effect.

What is Hawaii's late fee limit?

Late fees cannot exceed 8% of the amount of rent that's overdue. Under HRS § 521-21, the cap applies only to the unpaid portion. So if you owe $2,000 and pay $1,500 on time, the late fee applies only to the $500 balance — meaning the maximum late charge would be $40. Hawaii law does not require landlords to provide a grace period, so rent can technically be late the day after it's due unless your lease says otherwise.

Can I break my lease early in Hawaii?

You can terminate without penalty if your landlord fails to maintain habitable conditions after written notice. You also have remedies if the landlord unlawfully locks you out or shuts off utilities. Active-duty servicemembers who receive deployment or PCS orders can terminate under the federal SCRA. For other reasons, Hawaii law requires the landlord to make reasonable efforts to re-rent the unit, and you're only liable for rent until a replacement tenant moves in.

Can my landlord retaliate against me for reporting code violations in Hawaii?

No. Under HRS § 521-74, your landlord cannot raise your rent, decrease services, bring an eviction action, or force you to leave because you complained to a government agency about health or safety violations, because the health department filed a complaint, or because you requested repairs. If you lose possession due to retaliation, you can recover actual damages, court costs, and attorney's fees.

What is the small claims court limit in Hawaii?

The general monetary limit for small claims court in Hawaii is $5,000. However, there's an important exception: claims by a tenant for the return of a residential security deposit can be heard in small claims court regardless of the amount — there is no monetary cap for those cases. You can represent yourself without an attorney.

How do I file a fair housing complaint in Hawaii?

You can file a complaint with the Hawaii Civil Rights Commission (HCRC), which enforces HRS Chapter 515. You must file within 180 days of the discriminatory act. You can also file a federal complaint with HUD within one year. Hawaii's fair housing law is broader than federal law — it protects against discrimination based on race, sex (including gender identity or expression), sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, and HIV status.

14. Sources and References

This guide is based on the following Hawaii statutes and legal resources. Laws can change — always verify current statutes through official sources.

Hawaii Statutes

Federal Statutes

Fair Housing Act — 42 U.S.C. §§ 3601–3619
Servicemembers Civil Relief Act — 50 U.S.C. §§ 3901–4043

Hawaii Legal Aid

Legal Aid Society of Hawaii — free civil legal services for low-income residents (O’ahu: 808-536-4302; Neighbor Islands: 1-800-499-4302)
Volunteer Legal Services Hawaii — pro bono legal assistance including landlord-tenant matters
DCCA Landlord-Tenant Information Center — state-run resource center for landlord-tenant questions
Hawaii Civil Rights Commission — fair housing discrimination complaints

Federal Resources

For tenant rights that apply nationwide, see our Tenant Rights Guide. Looking for another state? Browse our state landlord-tenant law directory. Not sure what a legal term means? Check our rental glossary.

Hawaii Landlord-Tenant Laws: What Renters Need to Know

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