Hawaii Tenant-Landlord Rental Laws & Rights for 2024

An Overview of Tenant-Landlord Laws in Georgia

Hawaii has a comprehensive set of laws governing the relationship between landlords and tenants for residential rental properties. These laws aim to balance the rights and responsibilities of both parties, ensuring fair treatment and a habitable living environment for renters. This guide provides an overview of key aspects of Hawaii's landlord-tenant laws, including rental agreements, security deposits, repairs and maintenance, prohibited practices, termination procedures, and legal remedies.

The purpose of this guide is to educate both landlords and tenants in Hawaii about their respective rights and obligations under state law. It covers common issues that arise during a tenancy, such as security deposit handling, maintenance responsibilities, discrimination protections, and the processes for terminating a rental agreement. While every effort has been made to ensure accuracy, it's important to note that laws can change over time, and specific situations may require consultation with a qualified legal professional.

This guide serves as a general reference but should not be considered a substitute for legal advice tailored to your individual circumstances. Landlords and tenants are encouraged to review the full text of relevant Hawaii statutes and seek legal counsel when needed to understand their rights and obligations fully.

Rental Agreements

In Hawaii, a rental agreement or lease is a legally binding contract between a landlord and tenant that outlines the terms of the tenancy. For a lease to be valid, it must meet certain requirements under state law.

First and foremost, the lease should be in writing, clearly stating the names of the landlord and tenant(s), the address of the rental property, the monthly rent amount, and the duration of the tenancy. While oral leases are permitted for terms less than one year, it's always advisable to have a comprehensive written agreement.

Hawaii law allows landlords to include a variety of provisions in the lease, such as rules regarding pets, parking, guest policies, and restrictions on subletting or making alterations to the property. However, there are certain clauses that are prohibited and unenforceable, even if included in the lease.

For instance, landlords cannot require tenants to waive their rights under Hawaii's landlord-tenant laws or the implied warranty of habitability. Lease terms that permit landlord retaliation, authorize unreasonable entry into the rental unit, or shift the burden of repairs entirely onto the tenant are also likely to be deemed invalid.

Once a lease is in effect, landlords generally cannot arbitrarily change the terms or raise the rent during the lease period, unless the lease specifically allows for rent increases or the tenant agrees to the modifications. However, at the end of a fixed-term lease, the landlord may choose to increase the rent or modify other terms for any subsequent renewal period.

If a tenant remains in the rental unit after the lease expires, Hawaii law treats the situation as a month-to-month tenancy, subject to the same rights and responsibilities as a standard lease. In such cases, the landlord must provide proper notice (typically 45 days) before increasing the rent or changing other terms of the tenancy.

Security Deposits

According to Hawaii security deposit law, there is a limit on how much a landlord can charge for a security deposit. For unfurnished units, the maximum security deposit allowed is one month's rent. For furnished units, landlords can charge a maximum security deposit equal to one and a half month's rent.

Landlords must follow specific rules when it comes to holding and returning security deposits. All security deposits must be kept in a separate interest-bearing account in a federally-insured institution. When tenants move out, landlords have 14 days to either return the full deposit amount or provide a written statement explaining any deductions.

Deductions from the security deposit can only cover actual costs for cleaning and repairing damage beyond normal wear and tear. Landlords cannot make deductions for routine cleaning or repainting costs associated with each turnover of the rental unit. Any interest earned on the deposit over the course of the tenancy must be included in the amount returned to the tenant.

Tenants have clear rights when it comes to getting their security deposit back at the end of the lease term. As long as they have followed all terms of the lease agreement and left the rental in good condition, they are entitled to a full refund of their deposit, plus any accrued interest. If any deductions are made, landlords must provide an itemized list of charges with written proof like receipts or invoices.

Hawaii Rent Control

Hawaii does not have statewide rent control laws, meaning there are no legal limits on how much a landlord can increase rent from one lease term to the next. This allows landlords the flexibility to adjust rental rates based on market conditions, demand, and other economic factors. However, the high cost of living and housing shortages in Hawaii have led to ongoing discussions about the need for rent control measures.

Although the state does not impose rent control, Hawaii law does require landlords to follow specific regulations when raising rent. Landlords must provide proper notice to tenants before implementing any rent increase. For month-to-month tenancies, landlords are required to give at least 45 days' notice before the new rent amount takes effect. For fixed-term leases, rent increases are generally only allowed at the end of the lease term unless otherwise specified in the lease agreement.

Tenant protections in Hawaii focus on ensuring fair treatment and transparency in rental practices. Landlords cannot increase rent in a discriminatory manner or as retaliation against tenants who exercise their legal rights, such as reporting housing code violations or joining a tenants' union.

Local governments in Hawaii currently do not have the authority to implement their own rent control measures. However, the ongoing housing crisis has led to increased advocacy for more robust tenant protections and potential future rent control policies.

Repairs and Habitability

Hawaii law implies a warranty of habitability into every residential rental agreement. This means landlords must maintain rental units in a habitable condition that meets minimum standards of safety, sanitation, and living conditions. Rental properties must have adequate weatherproofing, structural integrity, clean common areas, functioning utilities and appliances, and be free of health or safety hazards like pest infestations.

If a landlord fails to address serious repair issues that violate the implied warranty of habitability after receiving proper notice, tenants have several potential remedies:

• Withhold a portion of rent until repairs are made
• Pay for repairs themselves and deduct the cost from future rent payments
• Terminate the rental agreement early due to uninhabitable conditions
• Sue the landlord for damages, such as rent paid during uninhabitable periods

However, tenants must still continue paying the full rent into an escrow account if withholding rent for repairs. There are also procedural requirements like giving landlords reasonable notice and opportunity to address issues first.

Landlords are obligated to maintain rental units in a safe and livable condition throughout a tenancy. This includes making repairs in a timely manner, keeping common areas clean and hazard-free, ensuring proper weather-proofing and structural integrity, and providing functioning utilities like heat, water, and electricity. Landlords generally cannot shift maintenance duties entirely onto tenants through lease provisions.

Prohibited Practices

Hawaii has several laws in place to protect both landlords and tenants from various prohibited practices related to housing discrimination, retaliation, and illegal eviction processes.

Discrimination Laws

The Hawaii State Fair Housing Law prohibits housing discrimination based on race, sex, color, religion, marital status, familial status, ancestry, disability, age, or HIV infection. Both landlords and tenants are protected from discrimination when it comes to renting, leasing, or providing housing services. Discriminatory practices like refusing to rent, misrepresenting availability, or setting different rental terms based on these protected characteristics are illegal.

Additionally, Hawaii law prohibits landlords from discriminating against tenants based on their source of income, including housing vouchers or other subsidies. Landlords cannot refuse to rent or impose different terms solely because a tenant receives government assistance to pay rent.

Retaliation and Harassment

Landlords in Hawaii are prohibited from retaliating against tenants for exercising their legal rights. This includes actions like raising rent, decreasing services, or starting eviction proceedings within 12 months after a tenant files a complaint or request regarding habitability issues or discriminatory treatment.  

Both landlords and tenants are prohibited from harassing or intimidating the other party. Harassment includes acts like verbal abuse, physical threats, or interfering with the other party's use and enjoyment of the property.

Illegal Eviction Processes  

Hawaii law has specific requirements for how and when landlords can evict tenants. Self-help evictions where the landlord locks out, shuts off utilities, or removes a tenant's belongings without court approval are illegal. Landlords must follow the formal court eviction process.

Landlords cannot evict tenants in retaliation for exercising legal rights, such as joining a tenant union or making repair requests. Evictions based solely on a tenant's race, gender, disability status or other protected class are prohibited.

Proper written notice must be given to tenants before starting the eviction process, except in cases of emergency like severe property damage. Even if a tenant is behind on rent, a landlord must still follow the legal eviction steps.

Termination of Tenancy

In Hawaii, both landlords and tenants are required to provide proper notice when terminating a tenancy. The amount of notice depends on the type of tenancy and the reason for termination.

Notice Requirements

For month-to-month tenancies, landlords must give tenants at least 45 days' written notice to terminate the rental agreement. Tenants, on the other hand, only need to provide 28 days' notice to their landlord.

If the tenancy is for a fixed term, such as a one-year lease, the rental agreement typically specifies the termination date. However, if neither party provides notice to terminate or renew the lease, it automatically converts to a month-to-month tenancy after the fixed term expires.

Reasons for Termination by Landlord

Landlords in Hawaii can terminate a tenancy for several reasons, including:

1. Nonpayment of Rent: 

If a tenant fails to pay rent on time, the landlord can issue a 5-day notice to pay or vacate the premises.

2. Violation of Lease Terms: 

If a tenant violates a provision of the lease agreement, the landlord can issue a 10-day notice to cure the violation or vacate.

3. No Fault of Tenant: 

In some cases, a landlord may terminate a tenancy without any fault on the tenant's part, such as when the landlord wishes to move into the unit themselves or renovate the property.

4. Nuisance or Illegal Activity: 

If a tenant engages in illegal activities or creates a nuisance that disturbs other tenants or neighbors, the landlord can issue a 5-day notice to vacate.

Eviction Defenses

Even if a landlord has valid grounds for termination, tenants in Hawaii may have legal defenses against eviction, such as:

1. Retaliation: 

If a landlord tries to evict a tenant in retaliation for exercising their legal rights, such as requesting repairs or reporting code violations, the eviction may be considered retaliatory and invalid.

2. Discrimination: 

Landlords cannot evict tenants based on their race, color, religion, sex, familial status, disability, or other protected characteristics.

3. Improper Notice: 

If the landlord fails to provide proper written notice or follow the correct procedures for termination, the eviction may be invalid.

4. Breach of Warranty of Habitability: 

If the rental unit is uninhabitable due to the landlord's failure to maintain it, the tenant may have a defense against eviction.

It's important for both landlords and tenants to understand their rights and responsibilities when it comes to terminating a tenancy in Hawaii. Seeking legal advice can help ensure that proper procedures are followed and avoid costly disputes.

Landlord Rights and Duties

Landlords in Hawaii have certain rights and responsibilities outlined in state law regarding entering rental units, record-keeping obligations, and disclosure requirements.

Landlords generally have the right to enter a rental unit at reasonable times and with proper notice to tenants. Except in emergencies, landlords must provide at least 2 days' notice before entering for repairs, inspections, or to show the unit to prospective tenants or buyers. This notice does not need to be in writing. Landlords may enter without notice only in true emergency situations where property is at risk.

Hawaii requires landlords to keep certain records and disclosures related to their rental properties. This includes maintaining records of all rent and security deposit payments received from tenants. Landlords must also provide tenants with written statements for any security deposit deductions, including an itemized list of damages and charges.  

When advertising units or screening tenants, landlords must disclose certain information under Hawaii's landlord-tenant code. This includes disclosing any non-refundable fees like cleaning or association fees. Landlords must also provide tenants with the name and contact information for the rental property's landowner or authorized management company.

Overall, while landlords have some rights to reasonably access their properties, they must balance this with respecting their tenants' privacy rights and following proper notice procedures under Hawaii law. Thorough record-keeping and transparency in disclosures are also required of landlords.

Tenant Rights and Duties

Tenants in Hawaii have certain rights and responsibilities under state law regarding the maintenance of the rental property, allowing access for repairs and inspections, and the right to a habitable dwelling. 

Tenants are required to maintain the rental unit in a clean and safe condition, properly dispose of garbage, and avoid damaging the premises beyond normal wear and tear. They must comply with all applicable housing codes and ensure their guests do not violate the lease or disturb other tenants.

When requested, tenants must allow landlords reasonable access to the property for repairs, inspections, or to show the unit to prospective buyers or tenants. Except in emergencies, landlords must provide at least 2 days notice before entry. Tenants cannot unreasonably withhold consent for the landlord to enter.

One of the most fundamental rights for tenants is the implied warranty of habitability. This means landlords must ensure rental units meet basic standards of habitability, including:

• Weatherproofing and waterproofing the premises
• Providing adequate garbage disposal and sewage facilities 
• Maintaining electrical, plumbing, heating and hot/cold water systems
• Exterminating insect and rodent infestations
• Ensuring common areas are reasonably clean and sanitary

If a landlord fails to address habitability issues after proper notice, tenants may have grounds to withhold rent or pay for repairs and deduct from future rent. Tenants also have the right to quiet enjoyment of the premises without undue disturbance from the landlord.

Landlord Remedies

If a tenant violates the terms of the rental agreement or Hawaii landlord-tenant law, landlords have several potential remedies available. These include issuing fines or warnings, initiating the eviction process, and filing lawsuits against tenants in certain situations.

Fines and Warnings

Many rental agreements in Hawaii allow landlords to assess fees or fines against tenants for violating provisions of the lease. Common examples include fines for late rent payments, unauthorized pets, excessive noise, and other lease infractions. Hawaii law does not prohibit reasonable fines, but they cannot be so excessive as to act as a penalty.

Landlords must provide proper notice and an opportunity to cure most lease violations before assessing fines. They also cannot fine tenants for requesting repairs or asserting other legal rights.

Eviction Rules and Processes 

One of the most serious landlord remedies is evicting a tenant from the rental unit. Hawaii has specific rules landlords must follow for evictions:

• Allowable reasons include non-payment of rent, lease violations, illegal activity, or the landlord wanting to take the unit off the rental market.
• Proper written notice must be served, with the amount of notice depending on the reason (often 5-45 days).
• If the tenant does not move out after notice, the landlord must go through Hawaii's court eviction process.
• Self-help evictions like changing locks or removing belongings are illegal.

The eviction process in Hawaii allows tenants to respond and present defenses in court. Retaliation against tenants for legal actions is prohibited.

Small Claims Lawsuits

For rent owed, damages beyond normal wear and tear, or other monetary claims, landlords can sue tenants in Hawaii's small claims court. The maximum amount is $5,000.

Landlords must properly terminate the tenancy first and follow all other legal requirements involving notice and proper eviction procedures before suing. Proper documentation of the money owed or damages is required to prevail in court.

Tenant Remedies

In Hawaii, tenants have several potential remedies available if a landlord violates their rights or fails to meet their obligations under the law. These include the ability to withhold rent, make repairs and deduct the cost, and file lawsuits for certain landlord violations.

Rent Withholding

If a landlord fails to maintain a rental unit in a habitable condition, such as not providing essential services like hot water or heat, Hawaii tenants may have the right to withhold a portion of the rent. However, proper notice to the landlord is typically required first, giving them a reasonable opportunity to address the issue. Tenants cannot withhold the full rent unless the unit is completely uninhabitable.

Repair-and-Deduct

Hawaii law allows tenants to make necessary repairs themselves and deduct the cost from the rent payment under certain conditions. This remedy applies when a landlord fails to fix serious issues affecting habitability after proper notice. Tenants must follow specific steps, including providing the landlord written notice, using licensed contractors for any major repairs over $500, and submitting all repair invoices and receipts to the landlord.

Lawsuits for Landlord Violations

Tenants may file lawsuits against landlords for violations like failing to maintain a habitable rental, unlawful discrimination, retaliatory actions, or wrongful withholding of a security deposit. Depending on the violation, tenants may be able to recover money damages, obtain injunctive relief ordering the landlord to take certain actions, and potentially be awarded court costs and attorney fees.

It's important for tenants to carefully follow all requirements and provide proper notice to landlords before exercising these remedies. Tenants should also understand that landlords may have potential defenses, so seeking legal counsel is advisable, especially before withholding full rent payments or making major repairs and deductions.

Hawaii Squatters' Rights

In Hawaii, squatters' rights are governed by the laws of adverse possession, which allow individuals to claim ownership of a property if they occupy it continuously and openly for a specific period. To establish a claim of adverse possession in Hawaii, a squatter must possess the property for at least 20 years. This possession must be actual, open, notorious, continuous, exclusive, and hostile to the interests of the true owner.

For a squatter to successfully claim adverse possession in Hawaii, their occupancy must be obvious enough to provide notice to the legal owner, indicating that someone else is asserting ownership rights. The possession must be without the owner's permission and against their interests. Additionally, the squatter must exclusively occupy the property, not sharing possession with the owner or others.

Hawaii law also allows for a shortened period of 10 years if the squatter has color of title, which means they have a defective or invalid document that they believe grants them ownership of the property. In both cases, the squatter must demonstrate that they have made a good faith effort to maintain and improve the property, treating it as their own.

Property owners in Hawaii can prevent adverse possession claims by regularly inspecting and maintaining their properties, addressing unauthorized occupancy promptly, and ensuring clear property boundaries. Granting explicit permission for someone to use the property can also prevent a claim of hostile possession, thereby negating adverse possession.

While adverse possession provides a legal avenue for squatters to gain ownership, the process is complex and requires strict adherence to the legal criteria. Property owners must remain vigilant and proactive to protect their properties from potential adverse possession claims.

Frequently Asked Questions

How much notice does a landlord have to give a tenant to move out in Hawaii?

In Hawaii, a landlord must give a tenant at least 45 days' notice to move out if the tenant is on a month-to-month lease. For fixed-term leases, the notice period depends on the terms specified in the lease agreement.

How much can a landlord legally raise rent in Hawaii?

There are no statewide limits on how much a landlord can raise rent in Hawaii, but landlords must provide at least 45 days' notice for rent increases in month-to-month leases. For fixed-term leases, rent increases are generally only allowed at the end of the lease term unless otherwise specified in the lease agreement.

Can a tenant refuse entry to landlord Hawaii?

Yes, a tenant in Hawaii can refuse entry to the landlord if the landlord does not provide reasonable notice or if the entry is not for a legitimate reason such as repairs, inspections, or emergencies. Typically, a 48-hour notice is considered reasonable for non-emergency entries.

How long does a landlord have to fix something in Hawaii?

In Hawaii, landlords are generally required to make necessary repairs within a reasonable time after being notified by the tenant. While the law does not specify an exact timeframe, the urgency of the repair and the impact on habitability are considered.

Can you evict someone without a lease in Hawaii?

Yes, in Hawaii, a landlord can evict a tenant without a lease by providing proper notice. For month-to-month tenants, the landlord must give at least 45 days' notice. However, the eviction process must follow legal procedures, including obtaining a court order if the tenant does not vacate voluntarily.