Hawaii Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Hawaii caps the security deposit at one month's rent, plus a separately agreed pet deposit of up to one additional month's rent, and requires landlords to account for the deposit within 14 days of move-out. Landlords must give tenants at least two days' advance notice before entering the unit for non-emergency reasons.

Security deposits in Hawaii

Under HRS 521-44(b), a Hawaii landlord may collect a security deposit of no more than one month's rent. A landlord may also collect a separate pet deposit, agreed with the tenant, to compensate for damage caused by a pet animal living in the unit, and that pet amount is separately capped at one month's rent. A tenant with a pet can therefore be asked lawfully for up to two months' rent in deposits. No pet deposit may be required from a tenant who keeps no pet in the unit, or for an assistance animal provided as a reasonable accommodation under HRS 515-3.

Landlords must return the deposit, or a written statement itemizing the grounds for withholding it, within 14 days after the tenant surrenders the unit. A landlord who misses that 14-day notice deadline is not entitled to retain any part of the deposit and must return the entire amount. Separately, if a tenant sues in small claims and the court finds the deposit was retained both wrongfully and wilfully, HRS 521-44(h) allows an award of three times the amount wrongfully retained plus the cost of suit; a retention that was wrongful but not wilful draws the amount retained plus costs.

Allowable deductions include unpaid rent, damage beyond normal wear and tear, and costs for cleaning if the tenant left the unit in a condition below the standard it was received. Landlords may not deduct for ordinary wear, minor scuffs, or aging appliances. Hawaii does not require landlords to pay interest on security deposits.

When can a landlord enter? Notice rules

Hawaii law requires landlords to give tenants at least 48 hours' notice before entering the unit for inspections, repairs, showings, or any non-emergency purpose. Entry must occur at reasonable times, generally understood to be during normal business hours unless the tenant agrees otherwise. The 48-hour rule applies whether the landlord is scheduling a routine inspection, making a repair the tenant requested, or showing the unit to a prospective tenant or buyer.

A landlord may enter without prior notice only in a genuine emergency, such as a burst pipe, fire, or gas leak. Even then, the landlord should document the reason for immediate entry. HRS 521-53(b), the access statute, expressly bars a landlord from abusing the right of access or using it to harass the tenant, so repeated entries without proper notice can themselves violate the access rule.

Tenants who believe their landlord is violating the entry rules should keep a written log of each incident, including the date, time, and stated reason for the visit. If the behavior continues, they can send a formal written notice citing HRS 521-53 and, if needed, contact the Hawaii Office of Consumer Protection or consult a housing attorney. The right to quiet enjoyment is one of the most fundamental tenant protections in Hawaii landlord-tenant law.

Ending a lease: notice to vacate

Hawaii distinguishes between the notice the landlord must give and the notice the tenant must give to end a month-to-month tenancy. A landlord must give the tenant 45 days' advance written notice. A tenant only needs to give 28 days' notice. Both notices must be in writing and delivered in a manner that creates a record.

For fixed-term leases, the lease ends on the agreed date without additional notice unless the parties agree to convert to month-to-month. If the landlord wants to terminate for nonpayment of rent or a lease violation, different rules apply. See the Hawaii eviction notice page for the proper notice types and timelines.

The asymmetric notice periods in Hawaii, 45 days for landlords but only 28 days for tenants, reflect a policy judgment that tenants need more lead time to find alternative housing than landlords need to find a new tenant. Tenants who receive a 45-day notice from a landlord should begin looking for housing immediately; the tight Honolulu rental market means finding a comparable unit can take most of those 45 days.

Repairs and the warranty of habitability

Hawaii recognizes an implied warranty of habitability under HRS 521-42. Landlords must maintain the unit in a condition fit for occupancy, meaning functional plumbing and sewage, working heating and cooling systems, weathertight walls and windows, and freedom from rodent infestation or other conditions dangerous to health and safety.

When a landlord fails to make a repair that affects habitability, Hawaii law gives tenants a repair-and-deduct remedy under HRS 521-64. How long the landlord gets to act depends on the defect. If a government agency has notified the landlord of a condition that materially affects health and safety, the landlord has seven calendar days from that notification to begin repairs. For a defect the tenant reports, the landlord generally has twelve business days to begin the work, but only three business days when the defect involves electrical, plumbing, or major appliance service affecting habitability. A tenant who then arranges the repair may deduct the cost from rent, up to $1,000 or one month's rent, whichever is greater. For repairs beyond that amount or for serious habitability failures, tenants may pursue rent escrow through the courts, terminate the tenancy, or contact the county housing division.

Rent, late fees, and rent control

Hawaii caps late fees at 8 percent of the monthly rent due. For example, if rent is $2,000 per month, the maximum late charge is $160. The statute does not specify a mandatory grace period before a late fee may be assessed, but many leases include a grace period by contract. Notice of a rent increase is a statutory requirement, not a courtesy. HRS 521-21(d) provides that rent for a month-to-month tenancy shall not be increased without written notice given forty-five consecutive days before the effective date of the increase. For a tenancy shorter than month-to-month, HRS 521-21(e) sets that notice period at fifteen consecutive days.

Hawaii has no statewide rent control law and no active local rent control ordinances. Landlords may raise rent to any amount they choose, subject only to the notice requirement and any lease terms in effect. Tenants facing steep increases have no statutory protection beyond the notice period to find alternative housing.

If you have a landlord-tenant dispute in Hawaii

Start by documenting every interaction in writing. Send all repair requests, complaint notices, and responses by email or certified mail so you have a dated record. If the landlord is withholding your deposit improperly, you can file in the small claims division of District Court without needing an attorney. Security deposit disputes are treated differently from ordinary money claims: HRS 633-27(a)(1) caps general small claims at $5,000, but HRS 633-27(a)(2) gives the small claims division jurisdiction over landlord-tenant security deposit disagreements with no dollar limit, and that jurisdiction is exclusive except where a district court is already hearing a summary possession action.

For habitability issues, give the landlord written notice through certified mail and keep the copy. If the landlord does not begin repairs within the period HRS 521-64 allows for that type of defect, you may exercise the repair-and-deduct remedy for up to $1,000 or one month's rent, whichever is greater. For larger problems, contact the Hawaii Office of Consumer Protection (OCP), which administers the Residential Landlord-Tenant Code, or reach out to a local legal aid organization such as Legal Aid Society of Hawaii.

Consulting a licensed Hawaii attorney before withholding rent, terminating a lease early, or taking other legal action is always advisable. Landlord-tenant disputes can affect your rental history, and a lawyer can help you pursue the right remedy without unintended consequences.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

Related pages

• Landlord-Tenant Laws by State (hub)
• Hawaii Eviction Notice
• Hawaii Squatters Rights

More Hawaii Laws

• Hawaii Property Records
• Hawaii Restraining Order Laws
• Hawaii Squatters Rights Laws
• Hawaii Unclaimed Property

Frequently Asked Questions

How long does a landlord have to return my deposit in Hawaii?

14 days. A Hawaii landlord must return the security deposit, along with an itemized written statement of any deductions, within 14 days after the tenancy ends and the tenant surrenders the unit. A landlord who misses that deadline loses the right to keep any part of the deposit and must return all of it. In a small claims case, a retention that was both wrongful and wilful can draw up to three times the amount retained under HRS 521-44(h).

What is the maximum security deposit in Hawaii?

One month's rent for the security deposit itself. HRS 521-44(b) also allows a separate, agreed pet deposit covering damage caused by a pet animal living in the unit, capped at one additional month's rent, so a tenant with a pet can lawfully be charged up to two months' rent in total. A pet deposit cannot be required from a tenant who keeps no pet, or for an assistance animal provided as a reasonable accommodation under HRS 515-3.

How much notice must a landlord give to enter in Hawaii?

At least two days. HRS 521-53(b) requires a landlord to give at least two days' notice of intent to enter and to enter only during reasonable hours. The statute does not require that the notice be in writing, though written notice is the safer practice for both sides. The exceptions are a genuine emergency, such as a fire or burst pipe, and situations where giving notice is impracticable.

How much notice is needed to end a month-to-month lease in Hawaii?

Landlords must give 45 days' written notice. Tenants only need to give 28 days' written notice. Both periods run from the date notice is delivered, not from the next rent due date.

Can I withhold rent for repairs in Hawaii?

You cannot simply withhold rent, but Hawaii does give tenants a repair-and-deduct remedy under HRS 521-64. After notifying the landlord, you must allow the statutory period for the landlord to begin repairs: three business days for a defect affecting electrical, plumbing, or major appliance service, and twelve business days for other tenant-reported defects. If the landlord does not act, you may arrange the repair and deduct up to $1,000 or one month's rent, whichever is greater. For larger habitability problems, consult an attorney about rent escrow or lease termination.

Can a landlord raise rent in Hawaii?

Yes. Hawaii has no statewide rent control and no active local rent control ordinances. Landlords may raise rent to any amount, but HRS 521-21(d) requires written notice forty-five consecutive days before the increase takes effect for a month-to-month tenancy, and HRS 521-21(e) requires fifteen consecutive days for a tenancy shorter than month-to-month. That is a legal requirement, not a custom.

What is the late fee limit in Hawaii?

Hawaii caps late fees at 8 percent of the monthly rent due. For a $2,000 rent, the maximum late fee is $160. Charges above 8 percent are not enforceable even if stated in the lease.