Hawaii Residential Lease Agreement
A lease that works in the State of Hawaii has to respect the Hawaii Residential Landlord-Tenant Code: a security deposit capped at one month's rent, accounted for within 14 days of move-out, and no statutory ceiling on late fees. Below is every number that governs a Hawaii tenancy, with the statute it comes from.
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Hawaii rental law at a glance
Each row is the rule Landy applies when it builds a Hawaii lease. The citation is printed in the finished document too, so a tenant can check it.
| Rule | Hawaii | Citation |
|---|---|---|
| Security deposit limit | one month's rentSecurity deposit may not exceed one month's rent, plus an additional one month's rent as a pet deposit where applicable. | Haw. Rev. Stat. § 521-44 |
| Deposit return deadline | 14 daysLandlord must return the deposit or an itemized statement within 14 days after termination. | Haw. Rev. Stat. § 521-44 |
| Interest on deposits | Not requiredHawaii does not require interest on security deposits. | Haw. Rev. Stat. § 521-44 |
| Late fee limit | No statutory limitHawaii sets no statutory late-fee cap; the fee must be stated in the lease. | No statute on point |
| Grace period before rent is late | No statutory grace periodHawaii sets no statutory grace period for rent. | No statute on point |
| Notice to pay or quit | 5 daysTenant has 5 days to pay rent or vacate before the landlord may file for possession. | Haw. Rev. Stat. § 521-68 |
| Time to cure a lease violation | 10 daysTenant generally has 10 days to remedy a curable lease violation. | Haw. Rev. Stat. § 521-72 |
| Ending a month-to-month tenancy | 45 days' noticeLandlord must give 45 days' notice to end a month-to-month tenancy; the tenant need only give 28 days. | Haw. Rev. Stat. § 521-71 |
| Notice before landlord entry | 48 hoursLandlord must give at least 2 days' notice before entering, except in an emergency. | Haw. Rev. Stat. § 521-53 |
Disclosures a Hawaii lease must carry
Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.
Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978
General Excise Tax and Agent Disclosure
Landlord discloses the general excise tax identification number for the rental and, if Landlord resides outside the State, the name and address of an agent residing in the State authorized to act on Landlord's behalf.
Haw. Rev. Stat. § 521-43
If things go wrong in Hawaii
Where eviction is filed
District Court, as a summary possession.
Governing law
Hawaii Residential Landlord-Tenant Code, cited from the Hawaii Revised Statutes.
Never self-help
Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.
Hawaii lease questions, answered
- How much can a landlord charge for a security deposit in Hawaii?
- Security deposit may not exceed one month's rent, plus an additional one month's rent as a pet deposit where applicable. (Haw. Rev. Stat. § 521-44) The deposit must be accounted for within 14 days after the tenancy ends (Haw. Rev. Stat. § 521-44).
- Is there a limit on late fees in Hawaii?
- Hawaii sets no statutory late-fee cap; the fee must be stated in the lease.
- How much notice must a landlord give before entering a rental in Hawaii?
- Landlord must give at least 2 days' notice before entering, except in an emergency. (Haw. Rev. Stat. § 521-53)
- How do you end a month-to-month tenancy in Hawaii?
- Landlord must give 45 days' notice to end a month-to-month tenancy; the tenant need only give 28 days. (Haw. Rev. Stat. § 521-71)
- What happens if a tenant does not pay rent in Hawaii?
- Tenant has 5 days to pay rent or vacate before the landlord may file for possession. (Haw. Rev. Stat. § 521-68) The case is filed as a summary possession in District Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
- Does a residential lease have to be in writing in Hawaii?
- A written lease is not always legally required, but it is what makes the terms enforceable and provable. Hawaii tenancies are governed by the Hawaii Residential Landlord-Tenant Code, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Hawaii with the statutory citations printed in it.
Build a Hawaii lease with these rules already in it.
Answer questions in plain English. Landy writes the Hawaii lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.
Lease laws in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
This page summarizes Hawaii law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed Hawaii attorney review your lease before you rely on it.