Your comprehensive guide to rental laws, guidelines and advocacy in Hawaii
Hawaii law requires late fees to be reasonable and specified in the lease agreement. Late fees cannot be charged until rent is more than 30 days late. The maximum late fee is 8% of the monthly rent amount. Landlords must provide written notice before assessing late fees.
Hawaii law limits security deposits to one month's rent. Landlords must return deposits within 14 days of lease termination. If deductions are made, an itemized list must be provided. Security deposits can only be used for unpaid rent, damages beyond normal wear and tear, and cleaning costs if specified in the lease. Interest is not required on security deposits.
Hawaii requires: 1) Written 5-day notice for non-payment, 2) 10-day notice for lease violations, 3) 45-day notice for month-to-month termination. Self-help eviction is illegal. Landlords must file court action and obtain court order. Tenants can stop eviction by paying all rent owed before court judgment. Mediation is required before eviction in most cases.
Hawaii law requires landlords to maintain: 1) Building structural components, 2) Plumbing, electrical and ventilation systems, 3) Weather protection and waterproofing, 4) Pest control, 5) Safe and clean common areas, 6) Garbage facilities, 7) Working smoke detectors. Landlords must make repairs within 12 business days of written notice.
Hawaii law requires landlords to provide 2 days notice before entering a rental unit, except in emergencies. Entry is only allowed between 8am and 6pm. Landlords must state the exact date and purpose of entry. Tenants cannot unreasonably deny access for legitimate purposes like repairs or inspections.
Hawaii requires 45 days written notice before any rent increase. For fixed-term leases, rent can only be increased at renewal unless specifically allowed in lease. Month-to-month tenancies require 45 days notice. Some counties have additional rent control regulations. Rent increases cannot be retaliatory or discriminatory.
Hawaii tenants must: 1) Notify landlord in writing of needed repairs, 2) Give landlord reasonable time to make repairs (typically 12 business days), 3) If not fixed, can withhold rent or exercise 'repair and deduct' remedy after proper notice. Keep all documentation of repair requests and responses.
Hawaii landlords can deduct for: 1) Unpaid rent, 2) Damage beyond normal wear and tear, 3) Cleaning costs if specified in lease, 4) Other lease violations. They must provide itemized list of deductions within 14 days of move-out. Tenants can dispute deductions through small claims court.
Hawaii law requires working smoke detectors in all rental units. They must be installed in each sleeping room, outside sleeping areas, and on every level. Landlords must maintain detectors in working order, while tenants are responsible for testing and battery replacement.
Hawaii landlords must disclose: • Lead paint (pre-1978 buildings) • Flood hazard zones • Security deposit terms • Property manager/owner contact information • Known material defects • House rules • Asbestos (if applicable) • Planned association maintenance • Utility charges • Pest control policies
Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.