Renting a New Property in Hawaii: A Tenant's Guide

As a tenant in Hawaii, you have several important rights under the Hawaii Residential Landlord-Tenant Code. These include the right to a habitable dwelling, privacy (landlords must provide 48 hours notice before entering), protection against retaliation, proper handling of security deposits, and clear disclosure of all fees. You also have the right to request repairs, and if the landlord fails to make essential repairs in a timely manner, you may have remedies such as repair-and-deduct or termination of the lease in severe cases.

In Hawaii, landlords cannot charge more than one month's rent as a security deposit. For example, if your monthly rent is $1,500, the maximum security deposit would be $1,500. Additionally, landlords must return your security deposit within 14 days after you move out, along with an itemized statement of any deductions. Interest is not required to be paid on security deposits in Hawaii.

Hawaii does not have specific state laws limiting application fees, but landlords must use these fees for their stated purpose (background checks, credit reports, etc.) and not as a profit source. It's advisable to ask what the fee covers before applying. If multiple people are applying together (like roommates), confirm whether each person must pay a separate fee. Keep receipts for all fees paid.

No, landlords in Hawaii must provide at least 48 hours notice before entering your rental property, except in cases of emergency. The entry must be at reasonable times and for legitimate purposes such as repairs, inspections, or showing the unit to prospective tenants. If your landlord repeatedly violates these requirements, you may have grounds for legal action, including potentially terminating your lease.

A comprehensive Hawaii rental agreement should include: names of all parties, property address, rental amount and due date, security deposit amount, lease term (start and end dates), utilities responsibility, pet policies, maintenance responsibilities, entry notice requirements, house rules, and any other special conditions. Hawaii law requires certain disclosures, including lead-based paint disclosures for properties built before 1978 and disclosure of any known flooding problems.

For repairs in Hawaii rentals, first notify your landlord in writing about the issue, keeping a copy for your records. If it's an emergency affecting health or safety, the landlord must begin repairs within three business days. For non-emergency repairs, landlords have a reasonable time to respond. If the landlord fails to make necessary repairs, you may have the right to repair and deduct the cost from your rent (up to $500), but you must follow specific procedures outlined in Hawaii's Landlord-Tenant Code.

In Hawaii, for month-to-month tenancies, landlords must provide at least 45 days' written notice before increasing rent. For fixed-term leases, rent generally cannot be increased until the lease term ends, unless the lease specifically allows for increases. Hawaii does not have statewide rent control, though some situations involving subsidized housing may have different rules. There is no statutory limit on how much rent can be increased, but excessive increases could potentially be challenged as retaliatory or discriminatory in certain circumstances.

To legally break a lease in Hawaii, review your lease for early termination clauses first. Hawaii law allows early termination in specific situations: active military duty relocation (under SCRA), uninhabitable conditions, landlord harassment or privacy violations, or domestic violence situations (with proper documentation). Otherwise, you'll likely remain responsible for rent until the lease ends or the unit is re-rented. Hawaii landlords must make reasonable efforts to re-rent the unit to mitigate damages. Always provide written notice and try to negotiate with your landlord for the best outcome.

When moving out of a Hawaii rental, you're generally required to return the property to the same condition as when you moved in, minus normal wear and tear. This typically means thoroughly cleaning all surfaces, appliances, bathrooms, and floors; removing all personal belongings; disposing of all trash; and repairing any damage you caused. It's advisable to take dated photos after cleaning to document the condition. Hawaii law allows landlords to deduct reasonable cleaning costs from your security deposit if you leave the unit in a condition beyond normal wear and tear.