Also see our new revised Hawaii State page at http://rhol.org/rental/HI/Hawaii.asp
The following excerpts and compilation from state law may not reflect some recent amendments. The best source for current information are the links we provide to state government web sites.
State of Hawaii Landlord Tenant Law
Section 53 - Entry in Case of Emergencies
Section 61 - Tenant Unable to Gain Possession
Section 62 - Termination During First Week of Occupancy
Section 63 - Termination at Any Time; Unlawful Removal or Exclusion
Section 64 - Tenant's Remedy for Repair
Section 65 - Fire or Casualty Damage
Section 67 - Non-Disclosure
Section 68 - Failure to Pay Rent
Section 69 - Tenant Negligence, Failure to Maintain, or Unlawful Use
Section 70 - Absence, Misuse, Abandonment, Tenant Quits Before Occupancy
Section 71 - Termination and Holdover.
Section 72 - Landlord's Remedies for Improper Use
Section 74 - Retaliatory Evictions and Rent Increases Prohibited
Section 78 - Rent Trust Fund
Section 73 - Tenant's Refusal to Allow Reasonable Access
Section 521-44 Security Deposit Defined
Section 521-66 Tenant's right to refund of rent, etc., on termination; return of security deposit.
Section 53 - Entry in Case of Emergencies
The landlord may enter a dwelling without permission of the tenant in cases of emergency such as fire, weather damage, abandonment and extended absence (see LANDLORD REMEDIES: "Absence" and "Abandonment").
Section 61 - Tenant Unable to Gain Possession
If the landlord fails to have the unit ready for occupancy at the beginning of the agreed term and in the agreed condition:
A. The tenant does no have to pay rent during the time the tenant cannot move in.
B. The tenant may notify the landlord and terminate the rental agreement at any time during the period that the tenant is unable to move in.
C. The tenant may recover reasonable damages from the landlord for the cost of securing alternative housing. This recovery may be made by either of the following:
- 1. Filing a lawsuit.
- 2. If the tenant eventually takes occupancy of the unit, by taking the difference between the cost of the alternate housing and the agreed rent and deducting that amount from the rent. Receipts for the other amounts must be presented to the landlord.
Section 62 - Termination During First Week of Occupancy
If the landlord fails to conform to the rental agreement or the conditions the tenant may expect from the landlord (see LANDLORD OBLIGATIONS: "Conditions a Tenant May Expect From Landlord") at the beginning of the term, the tenant may provide notice to the landlord, terminate the rental agreement and vacate the dwelling at any time during the first week of occupancy. The tenant's right to terminate is extended indefinitely if the tenant stays in the unit, relying on the landlord's promise to correct the problems.
Section 63 - Termination at Any Time; Unlawful Removal or Exclusion
(a) If a condition exists within the premises that is not due to the tenant's neglect and that substantially deprives the tenant of enjoyment of the dwelling under the rental agreement, the tenant may notify the landlord in writing of the situation and terminate the rental agreement if the condition is not remedied within one week. No notice needs to be given if the condition poses an imminent threat to health or safety. If the condition was caused by landlord's negligence or done willfully, the tenant may recover any damages caused by the condition.
(b) If the landlord should lock the tenant out of the unit overnight without cause or without a court order, the tenant may recover possession or terminate the rental agreement. In either case, the tenant may recover an amount equal to two month's rent or free occupancy for two months, and the cost of the legal suit.
Section 64 - Tenant's Remedy for Repair
(c). The tenant should follow these steps to correct any defective condition on the premises which is in material noncompliance with the rental agreement or with the landlord's obligations to supply and maintain fit premises (see LANDLORD OBLIGATIONS "Conditions a Tenant May Expect From Landlord"). The tenant may:
A. Notify the landlord with a written list of things that need repairing (a sample letter to a landlord requesting repairs follows this section). If the tenant does not include the defective condition on this list, the tenant cannot require that the landlord to make repairs within six months. Because the tenant can only deduct up to three month's rent for every six-month period, the tenant must decide which repairs are the most important.
B. The landlord must start making the repairs requested by the tenant within 12 business days after receiving the written notice and must try to have the repairs completed as soon as possible. If the landlord cannot start making the repairs within 12 business days because of reasons beyond the landlord's control, the tenant must be informed of the reason for the delay and when the landlord expects the repairs to be started.
C. If the landlord does not do the repairs as specified above, the tenant may make repairs and deduct up to $500 from the following month's rent for the cost of repairs. If the tenant makes the repairs, or has them made, the tenant must give the landlord copies of all receipts connected with the repair work.
Sample Letter for a Tenant Requesting Repair of the Dwelling
(Date)
(Mr. or Ms. Landlord's name)
(Street address)
(City or town, Hawaii , ZIP)
Dear (Mr. or Ms. Landlord's name):
I live at (tenant's street address -- and apartment number, if there is one). I am requesting that the following problems be fixed as soon as possible:
(List the problems, such as the following examples:
1. The screen to the kitchen window is torn and needs to be replaced.
2. The kitchen faucet cannot be completely turned off and is constantly dripping.)
If you cannot start the repairs within 12 business days, I am going to start repairs and deduct the cost from my next month's rent and send you the receipts for the amount I spent.
Please call me or write to me at (tenant's telephone number and street address -- and apartment number, if there is one) as soon as possible and let me know when these conditions will be repaired.
Sincerely,
(Your signature)
(Print your name), Tenant
Section 65 - Fire or Casualty Damage
If a dwelling is rendered partially or wholly unusable by fire or casualty damage, the tenant may immediately leave the premises and notify the landlord within one week after moving. The rental agreement shall end on the date the tenant moves out. If the tenant fails to notify the landlord in such a case, the landlord may collect rent up to the time the landlord knows that the tenant has moved. If the tenant continues to live in a portion of a dwelling that remains usable after fire or casualty damage, the rent shall be adjusted by the landlord to cover payment for only the portion still usable.
Section 67 - Non-Disclosure
If the landlord fails to comply with any disclosure required within ten days after proper demand by tenant, the landlord shall be liable to the tenant for $100 plus reasonable attorney's fee. (See LANDLORD OBLIGATIONS: "Rental Agreement; Disclosure.")
Section 68 - Failure to Pay Rent
(a). The landlord may demand payment of rent anytime after it is due. The landlord may notify the tenant in writing that unless payment is made within five business days after tenant receives the notice, the rental agreement will be terminated. If the tenant does not pay the past-due rent in full after receiving the landlord's notice, the landlord may sue to evict the tenant. (It is suggested that the landlord provide notice to the tenant by certified mail or by hand delivery. If this is not possible, the law allows the landlord to post a notice in a conspicuous place on the dwelling unit.)
(b). The landlord may sue for rent alone anytime after demanding payment of past-due rent and notifying the tenant of the landlord's intention to bring such action.
Section 69 - Tenant Negligence, Failure to Maintain, or Unlawful Use
The landlord may take the following steps in cases where the tenant does not comply with the tenant's obligations to maintain the unit (Section 51):
A. The landlord may notify the tenant in writing of the problem and specify a time (not less than 10 days) in which the tenant must correct the problem.
B. If the tenant cannot be otherwise notified in writing, the landlord may give notice of the tenant's violations by posting the notice in a conspicuous place on the dwelling unit;
C. If the tenant does not correct the problem within the time specified the landlord may:
- 1. Terminate the rental agreement and sue to evict the tenant; or
- 2. Correct the problem and bill the tenant for it.
D. If the landlord finds out that a tenant's action or lack of it may cause irremediable damage to person or property, the landlord need not give the tenant any time for correction. Instead the landlord may proceed immediately to end the agreement or make the repair and bill the tenant.
Section 70 - Absence, Misuse, Abandonment, Tenant Quits Before Occupancy
(a) If a rental agreement provides that the tenant must notify the landlord of any extended absence, such as vacation, and this is not done, the landlord may collect for any damage resulting from such absence.
(b) During an extended absence of the tenant the landlord may enter the unit as may be reasonably necessary for safekeeping, inspection, maintenance, and to show the dwelling to prospective purchasers and tenants.
(c). Unless provided in the rental agreement, the tenant may not use a dwelling unit for any purpose other than as the tenant's residence or home. If the tenant violates this requirement, the landlord may terminate the agreement and sue for eviction.
(d). If the tenant vacates the unit wrongfully, with no intention of resuming the tenancy, the landlord is entitled to the lesser of:
A. The entire rent for the remainder of the term;
B. The daily rent for the period necessary to re-rent the dwelling, plus a reasonable commission, plus the difference between the rent agreed to in the prior rental agreement and the fair rental value.
(e). If the tenant changes his or her mind about taking the unit before moving in, the tenant shall be liable to the landlord for the lesser of the following amounts:
A. All monies deposited with the landlord;
B. One month's rent at the rate agreed upon in the rental agreement;
C. The daily rent for the period necessary to re-rent the dwelling, plus the difference between the rent agreed to in the rental agreement and the fair rental value, plus reasonable cost and commission.
Section 71 - Termination and Holdover.
When the tenancy is month-to-month, either the landlord or the tenant may terminate the rental agreement, provided proper notice is given. It is not necessary to give any reason for the termination.
A. Landlords. When it is the landlord who wishes to terminate the tenancy, the landlord must give the tenant written notice no less than 45 days before the anticipated termination date. The tenant may vacate the unit at any time within the last forty-five day period and is responsible for payment of prorated rent for the period that the premises are occupied and for notifying the landlord of the day of vacating.
In the following circumstances, a longer notice period is required. A 120-day written notice is required when the landlord contemplates:
- 1. Voluntary demolition of the dwelling unit.
- 2. Conversion of the unit to a condominium.
- 3. Conversion of the unit to a transient vacation rental.
The tenant may vacate the unit at any time within the 120-day period and is responsible for payment of prorated rent for the period that the premises are occupied.
B. Tenants. When it is the tenant who wishes to terminate the tenancy, the tenant must give the landlord written notice no less than 28 days before the anticipated termination date. The tenant is responsible for payment of rent through the date stated in the termination notice, or through the date it is rerented, whichever comes first.
(b). When the tenancy is less than month-to-month, the landlord or the tenant may terminate the rental agreement upon giving the other notice at least 10 days before the anticipated termination date.
Fixed Term Rentals. Rental agreements for fixed terms--for example, a six-month lease--have a termination date stated in the agreement. Termination is automatic and there is no notice requirement.
Since there is no notice requirement, the expiration of a lease can create great problems if the landlord and the tenant do not communicate with one another. This is because the relationship between the landlord and the tenant depends on their intentions. A failure to inform the other about these intentions can cause critical misunderstandings. These are a few of the possible results.
A. The tenant can continue to occupy the unit with the landlord's consent. In this case, a month-to-month tenancy is created, at the same rent as provided in the lease.
B. The tenant might continue to occupy the unit, but without knowing that the landlord does not consent. Technically, a holdover tenancy is created. Holdovers are discussed below. The landlord may expect the tenant to leave, even though no communication has taken place, and may have lined up a new tenant. If the tenant stays, the landlord will not be able to deliver occupancy to the new tenant.
C. The landlord may expect the tenant to stay on as a month-to-month tenant, but the tenant may vacate, leaving the landlord without any tenant at all.
(c). If a tenant remains in the dwelling unit after the termination date without the landlord's consent, the tenant becomes a holdover.
A. As a holdover, the tenant must pay the landlord a sum which is not more than twice the monthly rent under the previous agreement, calculated on a daily basis for each day the tenant remains in the unit.
B. The landlord may sue to evict the tenant any time during the first 60 days of the holdover. However, if the landlord does not sue to evict the tenant within the 60 days and there is no new rental agreement, a month-to-month tenancy at the rent stated in the previous agreement is created.
Section 72 - Landlord's Remedies for Improper Use
(a) If the tenant does not comply with the rules regarding use of the dwelling (see TENANT OBLIGATIONS: "Compliance With Rules"), the landlord may notify the tenant in writing of the breach. The notice shall specify the time (not less than 10 days) within which the tenant must remedy the breach.
(b) If the tenant continues to breach the rule after the date specified in the notice and the landlord wants to evict the tenant, the landlord must sue within 30 days of the continued breach. The landlord may sue immediately to evict the tenant and need not give the tenant time to correct a rule violation when:
A. A tenant violates state or county laws relating to health and safety;
B. A tenant or the tenant's friend or family member purposely destroys or extensively damages the rental unit or any part of the premises;
C. The breaking of a house rule causes or threatens to cause injury to a person.
Sample form for the landlord's notice
(Name of Landlord)
(Date)
(Name of Tenant)
(Address of Tenant)
(Mr. or Ms. Name of Tenant):
You are hereby notified that you have failed to perform according to the following rule:
(Specify the rule that has been breached.)
Be informed that if you continue violating (or again violate) this rule after (date) (not less than ten from the date this notice), the landlord may terminate the rental agreement and sue for possession of your dwelling unit.
Sincerely,
(Landlord's signature)
(print Landlord's name), Landlord
Section 73 - Tenant's Refusal to Allow Reasonable Access
(a). If the tenant refuses to allow the landlord reasonable entry into the dwelling unit, the tenant shall be liable to the landlord for losses suffered by such refusal.
(b) Landlord's Entry Without Permission
(1) Except for an entry in an emergency such as a fire, the landlord shall be liable to the tenant for any theft, casualty, or damage caused by the landlord's entry or by anyone acting for the landlord when the tenant is absent and has not consented to a specific entry.
(2) The landlord is also liable for theft, casualty, or damage caused when the tenant is present but has not given consent for entry or in any case where damage is caused by the landlord's negligence.
(c). Unreasonable Entry. Upon repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another person with the landlord's permission or license which is unreasonable and not consented to by the tenant, a tenant may:
A. Terminate the rental agreement;
B. Seek a court injunction against the landlord, and a fine of not more than $100.
Section 74 - Retaliatory Evictions and Rent Increases Prohibited
Any tenant who has lost possession in violation of this section is entitled to recover damages, cost of suit, and attorney's fees. (See PROHIBITED PRACTICES: "Retaliatory Evictions and Rent Increases.")
Section 78 - Rent Trust Fund
After court action involving a dispute concerning the payment or nonpayment of rent has been initiated, the Code provides that, upon request of either the tenant or the landlord, the court shall order the tenant to pay the disputed rent to the court as it becomes due.
A. If a rent increase is in dispute, the court shall order the tenant to deposit into court the amount of the rent prior to the increase.
B. The tenant need not make such payments to the court if the tenant can show that the rent has already been paid to the landlord or a written agreement exists between the parties providing that rent can be withheld or deducted.
C. If the tenant fails to comply with the court's order to make payments to the Rent Trust Fund, the landlord shall be entitled to a judgment for possession. Execution will be issued accordingly, and the tenant and the personal property of the tenant shall then be removed from the premises by the appropriate officials.
D. The court can pay the landlord out of the Rent Trust Fund if the court determines that rent was not paid. It may pay the tenant if rent was paid or properly withheld or deducted.
E. A party acting in bad faith shall be liable for reasonable interest on the rent deposited with the court.
Section 521-44 Security Deposit Defined
(a) As used in this section "security deposit" means money, and shall include all interest accrued thereon, deposited by or for the tenant with the landlord to be held by the landlord to:
(1) Remedy tenant defaults for accidental or intentional damages resulting from failure to comply with section 521-51, for failure to pay rent due, or for failure to return all keys furnished by the landlord at the termination of the rental agreement;
(2) Clean the dwelling unit or have it cleaned at the termination of the rental agreement so as to place the condition of the dwelling unit in as fit a condition as that which the tenant entered into possession of the dwelling unit; and
(3) Compensate for damages caused by a tenant who wrongfully quits the dwelling unit.
(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 initial amount not in excess of a sum equal to one month's rent. The landlord may not require or receive from or on behalf of a tenant at the beginning of a rental agreement any money other than the money for the first month's rent and a security deposit as provided in this section. The security deposit shall not be construed as payment of the last month's rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days' notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the right to pursue legal remedies against the tenant for any damages the tenant causes. Any such security deposit shall be held by the landlord for the tenant and the claim of the tenant to the security deposit shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy, even if the security deposits are commingled. Interest shall be paid by the landlord on the entire amount of the security deposit at the rate of 5 per cent a year simple interest and shall be calculated from the latest of the following dates:
(1) From the date the security deposit is paid by the tenant; or
(2) From the date of this Act; whichever is later. (c) At the termination of a rental agreement in which the landlord required and received a security deposit, the landlord shall notify the tenant, in writing, as to the amount of interest accrued, and if the landlord proposes to retain any amount of the security deposit for any of the purposes specified in subsection (a), the landlord shall so notify the tenant, in writing, unless the tenant had wrongfully quit the dwelling unit, together with the particulars of and grounds for the retention, including written evidence of the costs of remedying tenant defaults, such as estimates or invoices for material and services or of the costs of cleaning, such as receipts for supplies and equipment or charges for cleaning services. 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. A return of the security deposit or the furnishing of the written notice and other required information in compliance with the requirements of this subsection shall be presumptively proven if mailed to the tenant, at an address supplied to the landlord by the tenant, with acceptable proof of mailing and postmarked before midnight of the fourteenth day after the date of the termination of the rental agreement or if there is an acknowledgment by the tenant of receipt within the fourteen-day limit. All actions for the recovery of a landlord's complete or partial retention of the security deposit shall be instituted not later than one year after termination of the rental agreement.
Section 521-66 Tenant's right to refund of rent, etc., on termination; return of security deposit.
When a tenant exercises a right to terminate the rental agreement pursuant to section 521-62, 521-63, or 521-65 the landlord shall return to the tenant, not later than fourteen days after the termination, the amount of any advance rent paid apportionable to the remaining days of the term and the amount of any security deposit including any accrued interest that the landlord is not authorized to retain pursuant to section 521-44. A return of advance rent or of a security deposit complies with the requirements of this section if it is mailed to the tenant, at an address supplied to the landlord by the tenant, by certified mail, return receipt requested, and postmarked before midnight of the fourteenth day after the date of the termination of the rental agreement. |