Hawaii Landlord-Tenant Code: Deposits, Repairs, and Evictions

The Hawaii Landlord-Tenant Code, Chapter 521 of the Hawaii Revised Statutes, governs almost every residential rental in the state and sets the ground rules for security deposits, repairs, rent increases, landlord access, and evictions.¹ A newer wrinkle, effective February 5, 2026, requires landlords to offer pre-filing mediation before suing a tenant for unpaid rent.

If a landlord and tenant never put anything in writing, the arrangement defaults to month-to-month (or week-to-week for boarders), and that default drives the notice periods, rent-increase rules, and termination rights described below.²

Security Deposits

A landlord can charge a security deposit of up to one month’s rent. If pets are allowed — assistance animals for tenants with disabilities don’t count — the landlord can collect an additional pet deposit of up to one more month’s rent, for a possible total of two months.³ No deposit at all can be required for an assistance animal.

The statute limits what the deposit can pay for:

Unpaid rent, or unreturned keys, key fobs, parking cards, garage door openers, and mailbox keys
Cleaning costs needed to restore the unit to the condition the tenant received it in
Damage from wrongful abandonment when the tenant leaves without proper notice
Pet damage, charged against the pet deposit portion
Unpaid utilities the landlord supplies but does not include in rent

After the tenancy ends, the landlord has 14 days to return the deposit with a written breakdown of anything withheld, supported by estimates, invoices, or receipts. Miss that 14-day window and the landlord forfeits the right to keep any portion of the deposit.³

Repairs and Habitability

Landlords must keep the unit fit to live in throughout the tenancy, meaning it complies with health and safety codes, common areas stay clean and safe, and needed repairs get done.⁴ How fast repairs must begin depends on how the problem surfaces.

If the Department of Health or another agency cites a health or safety violation, the landlord has five business days to start work. If circumstances beyond the landlord’s control cause delay, the landlord has to tell the tenant why and set a reasonable start date.⁵

For a material defect the tenant reports in writing, the landlord has 12 business days to begin repairs. Broken plumbing, electrical problems, or a failed major appliance provided under the lease trigger a much shorter clock: three business days after notice, which can be oral or written.⁵

Repair and Deduct

If the landlord blows the deadline on a government-cited violation, the tenant can hire the work done and deduct up to $500 from rent with receipts. If the tenant first obtains two written estimates and gives the landlord at least five business days’ notice, the cap rises to $500 or one month’s rent, whichever is greater.⁵ The landlord can ask for reasonable substitute workers or materials, but cannot veto the repair.

Rent Increases and Late Fees

Hawaii has no rent control. Landlords set rents based on the market, and no statute caps the amount or size of an increase. The code does regulate advance notice.

For a month-to-month tenancy, the landlord must give at least 45 consecutive days’ written notice before a rent increase takes effect. For shorter tenancies such as week-to-week, the notice is 15 consecutive days.⁶ A fixed-term lease locks in the rent for its duration unless the lease itself allows a mid-term increase.

Late fees are allowed only if the rental agreement provided for them from the start. The code sets no specific dollar limit; whether a late fee is reasonable is judged case by case. A tenant who never agreed to a late fee cannot be charged one later.

Landlord Access to the Unit

A landlord may enter to inspect, make repairs, supply services, or show the unit to prospective tenants or buyers, but only during reasonable hours and with at least two days’ notice.⁷ Access rights cannot be used to harass the tenant.

The two-day notice has two exceptions: a genuine emergency, and situations where giving notice is impracticable. Otherwise, entry without notice requires a court order, apparent abandonment, or an extended tenant absence where the landlord needs to inspect or maintain the unit.⁷

Ending the Tenancy

Notice requirements depend on the rental period and who is ending it:

Month-to-month, landlord ending: at least 45 days’ written notice
Month-to-month, tenant ending: at least 28 days’ written notice
Week-to-week, either side: at least 10 days’ notice, and it does not have to be in writing

⁸

Fixed-term leases end automatically on their expiration date. If the tenant stays past that date without consent, the landlord can charge up to twice the previous monthly rent, calculated daily, for each day of holdover, but must file a summary possession case within the first 60 days. Miss that filing window and the arrangement reverts to a month-to-month tenancy at the old rent.

Eviction

Self-help evictions are prohibited. A landlord who changes the locks, removes a tenant’s belongings, or shuts off utilities to force a tenant out has committed an unfair or deceptive trade practice, and the tenant can recover damages of at least three times the monthly rent or $1,000, whichever is greater.⁹

Nonpayment of Rent

When a tenant falls behind, the landlord must first serve a written notice demanding payment and warning that the lease will terminate if the tenant does not pay within at least five business days. If the tenant cannot be personally served, the notice can be posted conspicuously on the dwelling unit.¹⁰

A second requirement now sits on top of that one. Under Act 278, effective February 5, 2026, a landlord cannot file an eviction lawsuit for nonpayment of rent alone without first giving the tenant 10 days’ written notice and, if the tenant requests it, participating in pre-filing mediation. Mediation can produce a payment plan, an agreed move-out date, or other resolution without lawyers or a courtroom. Sessions are handled by the Mediation Centers of Hawaii under contract with the judiciary.¹¹

Other Lease Violations

For property damage, illegal activity, failure to maintain the unit, or other misconduct, the landlord must give at least 10 days’ written notice describing the violation and giving the tenant time to fix it.¹² No notice is required when the tenant’s conduct causes or threatens irreparable harm to a person or property. If the tenant does not correct the problem, the landlord can file a summary possession action in district court, where the tenant has the right to appear and contest the case before any judgment.¹³

Retaliation Is Prohibited

A landlord cannot try to evict a tenant, raise the rent, or cut services because the tenant complained to the Department of Health, the Office of Consumer Protection, or another agency about conditions that violate health laws, or because the tenant asked in good faith for repairs. As long as the tenant keeps paying rent on time, any such move by the landlord is presumed retaliatory.

There are limits to that protection. A landlord can still pursue eviction if the tenant is committing waste or using the property illegally, if the landlord needs the unit for personal or immediate family use, or if the landlord has contracted to sell the property. Rent can still go up after a complaint if the increase reflects a genuine rise in taxes or operating costs unrelated to the complaint, or if the tenant caused the defect being complained about.

Where to Get Help

The Mediation Centers of Hawaii, working under contract with the state judiciary, handle disputes over overdue rent, maintenance, and other rental issues with a neutral third party. For nonpayment evictions filed on or after February 5, 2026, mediation is no longer optional when the tenant asks for it — the landlord must participate before a case can proceed.¹¹

The Office of Consumer Protection within the Hawaii Department of Commerce and Consumer Affairs handles complaints under the Landlord-Tenant Code and is often a useful first stop for tenants who believe their landlord is breaking the law.¹⁴

1
Justia. Hawaii Revised Statutes Title 28 Chapter 521 – Residential Landlord-Tenant Code
2
Justia. Hawaii Code 521-22 – Term of Rental Agreement
3
Justia. Hawaii Code 521-44 – Security Deposits
4
Justia. Hawaii Code 521-42 – Landlord to Supply and Maintain Fit Premises
5
Justia. Hawaii Code 521-64 – Tenant’s Remedy of Repair and Deduct
6
Justia. Hawaii Code 521-21 – Rent
7
Justia. Hawaii Code 521-53 – Access
8
Hawaii State Judiciary. Ending an Agreement
9
Justia. Hawaii Code 521-74.5 – Recovery of Possession Limited
10
Justia. Hawaii Code 521-68 – Landlord’s Remedies for Failure by Tenant to Pay Rent
11
Hawaii State Judiciary. Landlord-Tenant Claims Pre-Filing Eviction Mediation Program (Act 278)
12
Justia. Hawaii Code 521-69 – Landlord’s Remedies for Tenant’s Waste, Failure to Maintain, or Unlawful Use
13
Justia. Hawaii Code 666-6 – Summary Possession Proceedings
14
Department of Commerce and Consumer Affairs. DCCA Hawaii – Residential Landlord-Tenant Code