How much notice does a landlord have to give before eviction in Hawaii?

Hawaii sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in Hawaii; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in Hawaii?

Under Hawaii law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in Hawaii.

State Reference Guide · West

Hawaii
Tenant Rights.

In Hawaii, the relationship between landlords and tenants is primarily governed by the Hawaii Residential Landlord-Tenant Code (Hawaii Revised Statutes, Chapter 521). This guide provides a plain-language explanation of your rights under Hawaii law, which in many cases offers stronger protections than federal minimums.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Limit

1 Month

of rent, plus pet

Deposit Return Window

14 Days

Notice to Enter

48 Hours

Nonpayment Notice

5 Business Days

What rights do tenants have in Hawaii?

Tenants in Hawaii are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Hawaii sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

Hawaii law strictly regulates how much a landlord can collect and how they must handle your deposit.

Maximum Amount

A landlord cannot charge more than one month's rent as a security deposit. However, if the tenant has a pet, the landlord may charge an additional pet deposit (not exceeding one month's rent), unless the pet is a service animal or emotional support animal. (HRS § 521-44)

Return Deadline

The landlord must return the security deposit, or a written notice explaining why any portion is being kept, within 14 days after the termination of the rental agreement. (HRS § 521-44(c))

Itemization Requirements

If the landlord keeps any part of the deposit for repairs or cleaning, they must provide a written list of the specific costs and provide copies of receipts. (HRS § 521-44(c))

Penalties for Violations

If a landlord fails to provide the written notice and evidence (receipts) within 14 days, they forfeit the right to keep any part of the deposit. In a court dispute, if the landlord has willfully and wrongfully withheld the security deposit, the court may award the tenant three times (triple) the amount of the security deposit, plus the cost of the suit. (HRS § 521-44(h)(2))

NOTICE

Eviction Notices

Hawaii requires specific notice periods before a landlord can file for eviction in court.

Nonpayment of Rent

If rent is late, the landlord must provide a 5-business-day notice to pay or quit. This notice must be in writing. If the tenant pays within those five business days, the landlord cannot proceed with eviction. (HRS § 521-68)

Lease Violations

For violations of the rental agreement (other than nonpayment), the landlord must give a 10-day notice to "cure" (fix) the problem. If the tenant fixes the issue within 10 days, the lease continues. (HRS § 521-72)

Month-to-Month Termination

Landlord Notice: The landlord must give the tenant at least 45 days' notice to vacate.Tenant Notice: The tenant must give the landlord at least 28 days' notice to move out. (HRS § 521-71)

Immediate Termination

A landlord may terminate the lease immediately only if the tenant threatens to cause, or causes, serious damage to the property or a person on the premises. (HRS § 521-69)

NOTICE

Landlord Entry Requirements

In Hawaii, tenants have a right to privacy, and landlords cannot enter at will.

Notice Period

The landlord must give at least two days' (48 hours) notice before entering the unit. (HRS § 521-53)

Reasonable Hours

Entry must be at "reasonable times" (generally interpreted as daytime hours).

Permitted Reasons

Entry is allowed to inspect the premises, make repairs, or show the unit to prospective tenants or buyers.

Emergency Exception

In a genuine emergency (e.g., a burst pipe or fire), the landlord may enter without prior notice. (HRS § 521-53(b))

MONEY

Rent Control and Rent Increases

Hawaii currently does not have statewide rent control, and there is no state law preempting (forbidding) cities from creating their own.

Rent Increases

For a month-to-month lease, the landlord must provide at least 45 days' written notice before increasing the rent. (HRS § 521-21)

Fixed-Term Leases

For leases with a specific end date (e.g., one year), the rent cannot be increased during the lease term unless the lease agreement specifically allows for it.

SAFETY

Habitability Warranty & Repairs

Landlords are legally required to keep the rental unit in a fit and habitable condition. (HRS § 521-42)

Landlord Duties

The landlord must provide clean and safe common areas, maintain plumbing and electrical systems, and ensure the unit is waterproofed.

Repair and Deduct

Hawaii allows tenants a specific right to "repair and deduct" if the landlord fails to fix essential problems. (HRS § 521-64) - The tenant must notify the landlord in writing.If the landlord fails to fix the issue within 12 days (or sooner in emergencies), the tenant can pay for the repair and deduct up to $500 from their rent.Note:* The tenant must provide the landlord with copies of the receipts for the repair.

Rent Withholding

Generally, Hawaii law does not allow tenants to simply stop paying rent because of a lack of repairs. Using the "repair and deduct" process or seeking a court order is the safer legal route.

SAFETY

Retaliation Protections

It is illegal for a Hawaii landlord to retaliate against a tenant for exercising their legal rights. (HRS § 521-74)

Protected Activities

Complaining to a government agency about health/safety violations, joining a tenant union, or requesting repairs.

Illegal Retaliatory Acts

Increasing rent, decreasing services (like turning off utilities), or threatening eviction because the tenant exercised their rights.

Legal Recourse

If a landlord retaliates, the tenant may be awarded up to two months' rent and the cost of the lawsuit.

LEASE

Lease Requirements and Disclosures

Hawaii law requires specific disclosures that exceed federal requirements.

General Excise Tax (GET)

Most Hawaii landlords pass the state's GET (approx. 4% to 4.5%) onto the tenant. This must be clearly stated in the lease agreement; otherwise, it is assumed to be included in the advertised rent.

Owner/Agent Information

The landlord must provide the name and address of the person authorized to manage the premises and the person authorized to receive legal notices. (HRS § 521-43)

Inventory List

At the start of the lease, the landlord and tenant must jointly conduct an inspection and create a written inventory of the condition of the unit. (HRS § 521-42)

Absence Disclosure

If the tenant will be gone for more than 20 days, the lease may require them to notify the landlord. (HRS § 521-54)

Summary

Quick reference table.

Topic	Hawaii State Law	Federal Law (Baseline)
Security Deposit Limit	1 month's rent (plus pet)	No federal limit
Deposit Return Window	14 Days	No federal limit
Notice to Enter	48 Hours	No federal requirement
Nonpayment Notice	5 Business Days	No federal limit
Repair & Deduct	Up to $500	Not federally mandated

Cities with local protections

These Hawaii cities layer extra tenant protections on top of state law: Ewa Beach, Honolulu.

Common Questions

Frequently Asked

Security deposit limits in Hawaii are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Hawaii statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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