Renting in Hawaii
Your rights as a tenant in Hawaii
In Hawaii, the security deposit can be up to 1 month of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Hawaii
- Maximum deposit
- Up to 1 month of rent
- Haw. Rev. Stat. §521-44(b)
- To return your deposit
- 14 days
- Haw. Rev. Stat. §521-44(c)
- Notice for late rent
- 10 calendar days
- Haw. Rev. Stat. §521-68(a)
What the law says
The rules, one by one
The basic rules for renting in Hawaii, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 1 month of rent
A landlord may require a security deposit of up to one month's rent. If the rental agreement lets a pet live in the home, the landlord may add a pet deposit of up to one month's rent. That extra deposit cannot be required if you have no pet, or for an assistance animal you need because of a disability.
What the law says · Haw. Rev. Stat. §521-44(b)
“The landlord may require, as a condition of a rental agreement, a security deposit to be paid by or for the tenant for the items in subsection (a) and no others in an amount not in excess of a sum equal to one month's rent, plus an amount agreed upon by the landlord and tenant to compensate the landlord for any damages caused by any pet animal allowed to reside in the premises pursuant to the rental agreement; provided that the additional security deposit amount for a pet animal under this subsection: (1) Shall not be required: (A) From any tenant who does not have a pet animal that resides in the premises; or (B) For an assistance animal that is a reasonable accommodation for a tenant with a disability pursuant to section 515-3; and (2) Shall be in an amount not in excess of a sum equal to one month's rent.”
Source: Hawaii State Legislature (Hawaii Revised Statutes, Chapter 521) · Verified on October 24, 2026
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When must they return my deposit?
14 days
When the rental agreement ends, the landlord must return the deposit, or what remains after the deductions the law allows, no later than 14 days after. If the landlord does not give you the required written notice and information within that time, the landlord cannot keep any of it and must return the entire deposit.
What the law says · Haw. Rev. Stat. §521-44(c)
“The security deposit, or the portion of the security deposit remaining after the landlord has claimed and retained amounts authorized under this section, if any, shall be returned to the tenant not later than fourteen days after the termination of the rental agreement. If the landlord does not furnish the tenant with the written notice and other information required by this subsection, within fourteen days after the termination of the rental agreement, the landlord shall not be entitled to retain the security deposit or any part of it, and the landlord shall return the entire amount of the security deposit to the tenant.”
Source: Hawaii State Legislature (Hawaii Revised Statutes, Chapter 521) · Verified on October 24, 2026
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If I fall behind on rent, what notice must I get?
10 calendar days
If you owe rent, the landlord may give you a written notice allowing at least 10 calendar days after you receive it to pay. If you do not pay, the rental agreement ends. A notice posted in a visible place on the home counts as received that same day. A mailed notice counts as received two business days after the postmark date, unless the letter is returned to the landlord as undeliverable.
What the law says · Haw. Rev. Stat. §521-68(a)
“A landlord or the landlord's agent, any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than ten calendar days after receipt thereof, the rental agreement will be terminated. Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of the posting. If the notice is mailed to the tenant by United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord or landlord's agent as undeliverable.”
Source: Hawaii State Legislature (Hawaii Revised Statutes, Chapter 521) · Verified on October 24, 2026
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How much notice ends a month-to-month rental?
45 days
To end a month-to-month tenancy, the landlord must give you written notice at least 45 days ahead. You may move out any time within those last 45 days if you tell the landlord the date and pay prorated rent. If you end it, written notice must be given at least 28 days ahead and you pay rent through the 28th day. If the landlord plans demolition, a condominium conversion or a change to transient vacation rentals, notice must be given at least 120 days ahead.
What the law says · Haw. Rev. Stat. §521-71(a)-(c)
“(a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation. (b) When the tenancy is month-to-month the tenant may terminate the rental agreement by notifying the landlord, in writing, at least twenty-eight days in advance of the anticipated termination. When the tenant provides notice of termination, the tenant shall be responsible for the payment of rent through the twenty-eighth day. (c) Before a landlord terminates a month-to-month tenancy where the landlord contemplates voluntary demolition of the dwelling units, conversion to a condominium property regime under chapter 514B, or changing the use of the building to transient vacation rentals, the landlord shall provide notice to the tenant at least one hundred twenty days in advance of the anticipated demolition or anticipated termination.”
Source: Hawaii State Legislature (Hawaii Revised Statutes, Chapter 521) · Verified on October 24, 2026
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Are there limits on late fees?
If your rental agreement includes a charge for paying rent late, that charge cannot exceed 8 percent of the rent due.
What the law says · Haw. Rev. Stat. §521-21(f)
“Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due.”
Source: Hawaii State Legislature (Hawaii Revised Statutes, Chapter 521) · Verified on October 24, 2026
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How much notice before a rent increase?
15 or 45 days, depending on the case
If you rent month to month, the landlord must give you written notice 45 consecutive days before raising the rent. If you rent for shorter periods (for example, week to week), the notice is 15 consecutive days.
What the law says · Haw. Rev. Stat. §521-21(d)-(e)
“(d) When the tenancy is from month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given forty-five consecutive days prior to the effective date of the increase. (e) When the tenancy is less than month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given fifteen consecutive days prior to the effective date of the increase.”
Source: Hawaii State Legislature (Hawaii Revised Statutes, Chapter 521) · Verified on October 31, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
If the landlord removes you or locks you out of the home overnight without cause or without a court order, you may get possession back or end the rental agreement. Either way, you may recover an amount equal to two months' rent or two months of free occupancy, plus the cost of suit, including reasonable attorney's fees.
What the law says · Haw. Rev. Stat. §521-63(c)
“If the landlord removes or excludes the tenant from the premises overnight without cause or without court order so authorizing, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to two months rent or free occupancy for two months, and the cost of suit, including reasonable attorney's fees.”
Hawaii State Legislature (Hawaii Revised Statutes, Chapter 521)
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Repair and deduct from the rent
Yes: state law says so
If you notify the landlord in writing of a defect that breaks the landlord's upkeep duties (section 521-42(a)) or the rental agreement, the landlord must start repairs within 12 business days. For electrical, plumbing or other facilities, including major appliances the landlord provides, needed for sanitary and habitable living, repairs must start within 3 business days of your oral or written notice, unless the damage came from the tenant's misuse. If the landlord cannot start for reasons beyond their control, they must tell you why and set a date. If the landlord fails, you may have the work done competently and, after giving the landlord receipts, deduct what you spent from rent, up to $1,000 or one month's rent, whichever is greater.
What the law says · Haw. Rev. Stat. §521-64(c)-(d)
“(c) The landlord, upon written notification by the tenant of any defective condition on the premises that is in material noncompliance with section 521-42(a) or with the rental agreement, shall commence repairs of the condition within twelve business days of the notification with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence repairs within twelve business days for reasons beyond the landlord's control, the landlord shall inform the tenant of the reason for the delay and set a reasonable tentative date on which repairs will commence. In any case involving repairs, except those required due to misuse by the tenant, to electrical, plumbing, or other facilities, including major appliances provided by the landlord pursuant to the rental agreement, necessary to provide sanitary and habitable living conditions, the landlord shall commence repairs within three business days of receiving oral or written notification, with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence repairs within three business days for reasons beyond the landlord's control, the landlord shall inform the tenant of the reasons for the delay and set a reasonable tentative date on which repairs will commence. (d) If the landlord fails to perform in the manner specified in subsection (c), the tenant may immediately do or have done the necessary work in a competent manner and, upon submission to the landlord of receipts amounting to at least the sums deducted, deduct from the tenant's rent not more than $1,000 or one month's rent, whichever is greater, for the tenant's actual expenditures for work done to correct the defective condition.”
Hawaii State Legislature (Hawaii Revised Statutes, Chapter 521)
Eviction
How an eviction works in Hawaii
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written 10-calendar-day notice to pay rent
at least 10 calendar days
What the law says · Haw. Rev. Stat. §521-68(a)
“notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than ten calendar days after receipt thereof, the rental agreement will be terminated.”
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Free mediation: if scheduled within the 10 days and you take part, no lawsuit before 20 calendar days
at least 20 calendar days
What the law says · Haw. Rev. Stat. §521-68(c)
“If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice, unless the tenant fails to appear at mediation or cancels the mediation.”
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Landlord files a summary possession complaint in District Court
What the law says · Haw. Rev. Stat. §521-68(a)
“If the tenant remains in default after the expiration of the time stated in the notice, the landlord may bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession, subject to this section.”
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Summons; the return (appearance) date is set by the court rules
What the law says · Haw. Rev. Stat. §666-9
“The summons shall be returnable within such time as is fixed by the court in conformity with the rules of court.”
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Judgment for possession
What the law says · Haw. Rev. Stat. §666-11
“If it is proved to the satisfaction of the court that the plaintiff is entitled to the possession of the premises, the plaintiff shall have judgment for possession, and for the plaintiff's costs. Execution shall issue accordingly.”
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Writ of possession: the sheriff, police or an authorized civil process server removes the occupants
What the law says · Haw. Rev. Stat. §666-11
“The writ of possession shall issue to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11, commanding the sheriff, deputy sheriff, police officer, or independent civil process server to remove all persons from the premises, and to put the plaintiff, or the plaintiff's agent, into the full possession thereof.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Filing a discrimination complaint with the Hawaiʻi Civil Rights Commission
You can file a discrimination complaint with the Hawaiʻi Civil Rights Commission (HCRC). Since May 28, 2026, Act 56 gives one year from when the discrimination happened, or from the last time in an ongoing pattern. The change applies to claims that had not yet expired on that date. If you have questions about your deadline, the HCRC asks you to call (808) 586-8636 right away.
Hawaiʻi Civil Rights Commission (HCRC)- Legal Aid Society of Hawaii (free civil legal aid for people with low incomes)legalaidhawaii.org
- Hawaii State Judiciary: self-help centers and Access to Justice Rooms (volunteer attorneys)courts.state.hi.us
- Hawaii State Judiciary: pre-filing eviction mediation for nonpayment of rent (Act 278)courts.state.hi.us
- Hawaii State Judiciary: court formscourts.state.hi.us
Frequently asked questions
How much can a landlord charge for a deposit in Hawaii?
A landlord may require a security deposit of up to one month's rent. If the rental agreement lets a pet live in the home, the landlord may add a pet deposit of up to one month's rent. That extra deposit cannot be required if you have no pet, or for an assistance animal you need because of a disability. (Haw. Rev. Stat. §521-44(b))
When must a deposit be returned in Hawaii?
When the rental agreement ends, the landlord must return the deposit, or what remains after the deductions the law allows, no later than 14 days after. If the landlord does not give you the required written notice and information within that time, the landlord cannot keep any of it and must return the entire deposit. (Haw. Rev. Stat. §521-44(c))
What notice is required for late rent in Hawaii?
If you owe rent, the landlord may give you a written notice allowing at least 10 calendar days after you receive it to pay. If you do not pay, the rental agreement ends. A notice posted in a visible place on the home counts as received that same day. A mailed notice counts as received two business days after the postmark date, unless the letter is returned to the landlord as undeliverable. (Haw. Rev. Stat. §521-68(a))
How much notice ends a month-to-month rental in Hawaii?
To end a month-to-month tenancy, the landlord must give you written notice at least 45 days ahead. You may move out any time within those last 45 days if you tell the landlord the date and pay prorated rent. If you end it, written notice must be given at least 28 days ahead and you pay rent through the 28th day. If the landlord plans demolition, a condominium conversion or a change to transient vacation rentals, notice must be given at least 120 days ahead. (Haw. Rev. Stat. §521-71(a)-(c))
Are there limits on late fees in Hawaii?
If your rental agreement includes a charge for paying rent late, that charge cannot exceed 8 percent of the rent due. (Haw. Rev. Stat. §521-21(f))
How much notice before a rent increase in Hawaii?
If you rent month to month, the landlord must give you written notice 45 consecutive days before raising the rent. If you rent for shorter periods (for example, week to week), the notice is 15 consecutive days. (Haw. Rev. Stat. §521-21(d)-(e))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Hawaii rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Protection from retaliation Not verified yet
- Protection related to immigration status Not verified yet