Hawaii Rent Increase Notice
In Hawaii a landlord must give at least 45 consecutive days written notice to raise the rent on a month-to-month tenancy, and 15 consecutive days for a tenancy shorter than month to month (HRS 521-21). Hawaii has no statewide rent cap. Attorney review available.
Introduction
Hawaii counts its rent-increase notice in consecutive days, weekends included, and sets the count by how the tenancy runs. On a month-to-month tenancy a landlord must give written notice at least 45 consecutive days before the increase takes effect; on a tenancy shorter than month to month, such as week to week, the figure drops to 15 consecutive days (Haw. Rev. Stat. Section 521-21(d)-(e)). A rent increase notice is that written notice raising the rent, naming the new monthly amount and its effective date. Hawaii puts no ceiling on the increase itself: the statute fixes the notice period but no maximum percentage or amount, so a landlord may set the new figure, subject to any ordinance in the county where the unit sits. Rent locked in by a fixed-term rental agreement cannot move mid-term unless the agreement allows it, because the statute prescribes notice only for month-to-month and shorter tenancies. The notice must be in writing and given the full run of consecutive days before the effective date, and a landlord should keep proof of how and when it was delivered. DocDraft builds your Hawaii rent increase notice from your facts, with attorney review available before you serve it.
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Key Things to Know
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A Hawaii rent increase notice is a written notice from landlord to tenant raising the rent on a residential tenancy, naming the new monthly rent and the date the increase takes effect.
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On a month-to-month tenancy the landlord must give written notice at least 45 consecutive days before the effective date of the increase (Haw. Rev. Stat. Section 521-21(d)).
- 3
When the tenancy is less than month to month, such as week to week, the figure is 15 consecutive days before the effective date (Haw. Rev. Stat. Section 521-21(e)).
- 4
Hawaii has no statewide rent cap; Section 521-21 fixes the notice period but no maximum percentage or amount, so the landlord may set the new figure subject to any local ordinance.
- 5
Rent fixed by a fixed-term rental agreement cannot move mid-term unless the agreement allows it; the notice applies to a month-to-month or shorter tenancy or at renewal.
- 6
The notice must be in writing and given the full run of consecutive days before the effective date, and the landlord should keep proof of how and when it was delivered (Haw. Rev. Stat. Section 521-21(d)).
- 7
A local ordinance in the county where the unit sits may add its own rules, and a notice short of the 45 or 15 consecutive days does not take effect until a proper period runs.
Key decisions before you file
Before you file a Rent Increase Notice in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Hawaii Requirements for Rent Increase Notice
45-Day Month-to-Month Notice
On a month-to-month tenancy a Hawaii landlord must give written notice at least 45 consecutive days before the effective date of the rent increase (Haw. Rev. Stat. Section 521-21(d)). When the tenancy is less than month to month, the landlord must give at least 15 consecutive days written notice (Section 521-21(e)). The effective date must give the tenant at least that many days.
No Statewide Rent Cap
Hawaii has no statewide rent cap. Haw. Rev. Stat. Section 521-21 sets the notice period for a rent increase but no maximum percentage or amount, so a landlord may set the new amount, subject to any local ordinance in the county where the property is located. Never assume a fixed cap percentage applies statewide.
No Mid-Lease Increase on a Fixed Term
Rent fixed by a fixed-term rental agreement cannot be raised during the term unless the agreement specifically allows it, because the rent is a fixed term of the contract. Haw. Rev. Stat. Section 521-21(d)-(e) prescribes notice for increases on month-to-month and shorter tenancies or at renewal.
Written Notice Required
The rent increase notice must be in writing and given the required number of consecutive days before the effective date (Haw. Rev. Stat. Section 521-21(d)-(e)). The statute does not prescribe a single delivery method for a rent increase notice, so the landlord should deliver it in a reliable way and keep proof of how and when it was delivered.
Counting the Effective Date
Count the required 45 consecutive days for a month-to-month tenancy, or 15 consecutive days for a shorter tenancy, forward from the day the written notice is given (Haw. Rev. Stat. Section 521-21(d)-(e)). The days are counted consecutively, including weekends and holidays, and the increase takes effect only on or after the first day past that period stated in the notice.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the 45 consecutive days Section 521-21(d) requires for a month-to-month tenancy, or the 15 consecutive days for a shorter tenancy (Haw. Rev. Stat. Section 521-21(e)).
Local Ordinances May Add Rules
Because Hawaii has no statewide rent cap, a local ordinance in the county where the property is located may add its own rules on the amount or timing of an increase. Check the ordinance for the county where the unit is located before setting a new rent; the statewide notice periods under Haw. Rev. Stat. Section 521-21 still apply.
A Short Notice Is Not Yet Effective
A rent increase served with less time than the law requires does not take effect on the stated date. Under Haw. Rev. Stat. Section 521-21(d)-(e), the increase is effective only after the required 45 consecutive days for a month-to-month tenancy, or 15 consecutive days for a shorter tenancy, have run. A tenant may treat a short or improper notice as not yet effective and continue paying the prior rent until a proper notice period passes.