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Hawaii landlord-tenant law.

Updated August 2026. No state or county rent control. None of Hawaii's four counties has adopted a residential rent stabilization ordinance, and HRS Chapter 521 does not cap rent or rent increases (only notice periods, see below).

Deposit limit

1 month's rent maximum, plus an optional separate pet deposit of up to 1 month's rent (not required if the tenant has no pet, and not allowed for a disability assistance animal) (HRS Section 521-44(b)).

Deposit return

Landlord must return the deposit, or written notice itemizing amounts retained with evidence of costs, within 14 days after termination of the rental agreement. Missing the 14-day deadline forfeits the landlord's right to retain any of it (HRS Section 521-44(c)).

Notice to pay

Landlord must demand payment in writing and give the tenant not less than 5 business days after receipt of the notice to pay before terminating the rental agreement and bringing a summary possession action (HRS Section 521-68(a)).

Landlord entry

Landlord must give the tenant at least 2 days' notice of intent to enter and may enter only at reasonable hours, except in an emergency or where giving notice is impracticable (HRS Section 521-53(b)).

Security deposits

Deposit limit. 1 month's rent maximum, plus an optional separate pet deposit of up to 1 month's rent (not required if the tenant has no pet, and not allowed for a disability assistance animal) (HRS Section 521-44(b)).

Getting it back. Landlord must return the deposit, or written notice itemizing amounts retained with evidence of costs, within 14 days after termination of the rental agreement. Missing the 14-day deadline forfeits the landlord's right to retain any of it (HRS Section 521-44(c)).

Late fees and rent

HRS Chapter 521 does not set a late fee cap or a mandatory grace period. Late fees are governed by the lease and general reasonableness and consumer-protection principles rather than a specific statute.

Ending a tenancy

Nonpayment of rent. Landlord must demand payment in writing and give the tenant not less than 5 business days after receipt of the notice to pay before terminating the rental agreement and bringing a summary possession action (HRS Section 521-68(a)).

Month-to-month termination. Landlord must give at least 45 days' written notice; tenant must give at least 28 days' written notice (HRS Section 521-71(a) to (b)). If the landlord is terminating for demolition, condominium conversion, or conversion to transient vacation rental, 120 days' notice is required instead (HRS Section 521-71(c)).

Landlord entry

Landlord must give the tenant at least 2 days' notice of intent to enter and may enter only at reasonable hours, except in an emergency or where giving notice is impracticable (HRS Section 521-53(b)).

Required disclosures

  • Federal lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d)
  • Name and address of the person(s) authorized to manage the premises and of the owner or person authorized to act on the owner's behalf for service of process, rents, notices, and demands (HRS Section 521-43(a))
  • Landlord's general excise tax number, so the tenant can file for the state's low-income rental tax credit (HRS Section 521-43(h))
  • Notice of intent to convert the property to a condominium property regime, at least 120 days before termination, if applicable (HRS Section 521-38)

Lease clauses that do not hold up

  • Any tenant waiver of rights or remedies under the Residential Landlord-Tenant Code (HRS Section 521-31)
  • Clauses exempting the landlord from liability for the landlord's own acts or omissions, or requiring the tenant to indemnify the landlord for such liability (HRS Section 521-33)
  • Authorization for the tenant to confess judgment on a claim arising from the rental agreement (HRS Section 521-34)
  • Provisions allowing eviction of a tenant solely for holding a valid medical marijuana card, unless the lease bars smoking generally and the marijuana is used by smoking (HRS Section 521-39)

Notes for landlords

Hawaii mixes business-day and calendar-day counting: the 5-day pay-or-quit notice is business days, but the 45/28-day month-to-month notices and the 14-day deposit deadline are calendar days. Attorney's fee clauses are capped at 25% of unpaid rent and must go to an outside attorney, not landlord staff (HRS Section 521-35). Retaliatory eviction and rent-increase protections (HRS Section 521-74) are broad and shift the burden to the landlord once a tenant has complained to a government agency about conditions.

Sources

This guide is general legal information for landlords, not legal advice. Statutes change and local ordinances can add stricter rules on top of state law. Confirm any requirement with the current statute or a licensed attorney in your state before acting on it.

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