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Legal Rights Handbook

Hawaii Renter Rights & Landlord Laws 2025

Everything tenants and landlords need to know about Hawaii housing laws. Eviction rules, deposits, and rights.

Updated January 15, 2026
5 min read

Hawaii Renter Rights & Landlord Laws Guide 2025

Target Audience: Renters and Landlords in Hawaii
Jurisdiction: State of Hawaii (Applicable to all counties, including Honolulu, Maui, Kauai, and Hawaii County)

1. Overview: Tenant-Friendly vs. Landlord-Friendly

Status: Tenant-Friendly (Score: Low)

Hawaii is considered a highly tenant-friendly state. The legal framework heavily favors the protection of renters, primarily due to the state's housing shortage, high cost of living, and cultural emphasis on housing stability.

  • For Landlords: The burden of proof is almost always on you. Strict compliance with statutory procedures is mandatory; minor errors can result in case dismissal or significant financial penalties.
  • For Renters: You possess robust legal protections regarding security deposits, eviction defense, and warranty of habitability. However, the high demand for housing means that asserting these rights may sometimes lead to non-renewal of leases (though retaliation is illegal).

2. Security Deposits

Hawaii law (HRS §521-44) strictly regulates how landlords must handle security deposits.

Limits

  • Maximum Amount: Landlords may charge one month’s rent. Charging more is illegal.
  • Pet Deposits: Generally limited to the same one-month cap if included in the total security deposit. However, non-refundable pet fees (separate from the deposit) are allowed but must be clearly stated in the lease.

Return Requirements

  • Deadline: Landlords must return the deposit, plus any interest earned (if the deposit was held for 6+ months), within 14 days after the tenant vacates and delivers possession.
  • Itemized Statement: If any portion is withheld for damages, an itemized list of deductions must be provided. "Normal wear and tear" cannot be charged.

Penalties for Landlords

Failure to comply with the 14-day rule results in forfeiture of the right to withhold any portion of the deposit (meaning you must return the full amount) plus potential liability for up to three times the amount wrongfully withheld plus attorney fees.

3. Eviction Rules

Evictions in Hawaii are governed by the Residential Landlord-Tenant Code. Because this is a tenant-friendly state, courts scrutinize eviction filings closely.

The Process

  1. Notice to Quit: Before filing a lawsuit, the landlord must serve a formal written notice.
  2. Filing Suit: If the tenant does not comply, the landlord files a District Court action.
  3. Court Hearing: A hearing is scheduled. Tenants have the right to appear and defend.
  4. Writ of Possession: If the landlord wins, only a court officer can physically remove the tenant.

Critical Notice Periods

  • Non-Payment of Rent: 5 Days.
    • The landlord must serve a 5-day notice to pay rent or vacate. If rent is paid within 5 days, the tenancy continues. If not, the landlord may proceed with eviction.
  • Lease Violations (Cure or Quit): 10 Days.
    • For non-monetary violations (e.g., unauthorized pets, noise), the landlord must give 10 days to fix the issue or leave.
  • No-Cause Termination (Month-to-Month): 45 Days.
    • For tenants with no lease or a month-to-month agreement, landlords must provide at least 45 days' notice to terminate tenancy (unless a specific lease term dictates otherwise).

4. Landlord Entry

Hawaii respects a tenant's right to privacy, though it is not as rigid as some mainland jurisdictions.

  • Notice Required: Yes. Landlords must provide reasonable notice (generally interpreted as 24 hours) before entering a rental unit.
  • Consent: Consent is usually implied in the lease, but entry should be for reasonable business purposes (repairs, inspections, showings).
  • Emergencies: No notice is required in cases of immediate danger or emergency (e.g., fire, major water leak).

5. Rent Control

Does it exist?
No. Hawaii does not have statewide rent control.

  • Current Landscape: Landlords generally have the right to increase rent at the end of a lease term or with proper notice for month-to-month tenancies.
  • Local Efforts: There have been ongoing political discussions in Honolulu and Maui regarding rent stabilization due to the housing crisis, but as of 2025, no major city in Hawaii has implemented rent control ordinances.
  • Warning: While rent control is absent, "Rent Gouging" laws exist. During declared emergencies (e.g., wildfires), price gouging on housing is illegal.

6. Special Warning for Landlords

Risk Level: HIGH

Because Hawaii is tenant-friendly, the margin for error is slim. This is a warning to protect your investment and avoid legal pitfalls:

  1. The "Self-Help" Eviction Ban: Never lock a tenant out, remove their belongings, shut off utilities, or threaten them to force a move-out. This is a criminal offense and a civil violation carrying heavy penalties.
  2. Retaliation is Presumed: If you raise rent, decrease services, or threaten eviction shortly after a tenant complains to a government agency (e.g., Board of Health) or joins a tenant union, the court will presume you are retaliating. You must prove otherwise with clear evidence.
  3. Strict Notice Compliance: If serving a 5-day notice for non-payment, ensure the math is perfect and the notice is served correctly (often via process server or certified mail). If the tenant pays the exact amount owed within the 5 days, you cannot evict for that period.
  4. Warranty of Habitability: You are legally required to maintain the property in a habitable condition (working plumbing, electrical, structural safety). If a tenant withholds rent due to unaddressed repairs (and follows specific procedures), you cannot evict them for non-payment during that period.

7. Special Warning for Tenants

Power Level: HIGH (If Used Correctly)

You have significant protections, but you must act within specific timelines and procedures:

  1. Constructive Eviction: If the rental becomes uninhabitable (e.g., severe mold, lack of water) and the landlord refuses to fix it, you may have the right to move out early without penalty. Do not just stop paying rent and leave; consult an attorney or legal aid first to document the condition.
  2. Retaliation Protection: If your landlord raises rent or threatens eviction shortly after you request repairs or report a code violation, remind them (and the court) of the anti-retaliation statute.
  3. Security Deposit Vigilance: Document the unit's condition meticulously upon move-in (photos/video) and again at move-out. If the landlord misses the 14-day return deadline, they may forfeit their right to keep any of the deposit.
  4. 5-Day Notice Response: If you receive a 5-day notice for non-payment, you technically have 5 days to pay the full amount to stay. If you cannot pay, seek legal aid immediately; the eviction process moves fast after the 5 days expire.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Landlord-tenant laws are subject to change and can vary by county. Always consult with a qualified attorney or the Hawaii State Judiciary for specific legal concerns.