Maybe you’ve called your landlord three times about getting your washer and dryer fixed. Or maybe you’ve rented a house to some rowdy University of Hawaii undergrads. Either way, you may be wishing you knew more about landlord-tenant laws, and what your legal rights and responsibilities are in the Aloha State. This is a quick introduction to leases and rental agreements laws in Hawaii.
Leases and Rental Agreement Law
States lease and rental agreement laws attempt to regulate landlord-tenant relationships and define some of the basics terms of real estate rental contracts. These statutes tend to be fairly similar, and can include protections against housing discrimination, time limits for leases, and directions on what to do when and if a lease expires. Some states, like Hawaii, have adopted the Uniform Residential Landlord and Tenant Act in order to create consistency landlord-tenant law from state to state. Additionally, a few states have enacted stricter tenant rights laws that provide even greater protections for renters.
Leases and Rental Agreements in Hawaii
Hawaii’s statutes on leases and rental agreements limit deposits to the amount of one month’s rent, and require that it be returned within 14 days after the lease expires if there are damages to the premises. And if a Hawaii landlord accepts advance rent after the first 60 days of the lease, the holdover is turned into a month-to-month lease subject to all of the terms of the original lease. Hawaii’s lease and rental agreements statutes are listed below.
| Code Section | Hawaii Revised Statutes 515-1, et seq.: Discrimination in Real Property Transactions Hawaii Revised Statutes 521-1, et seq.: Residential Landlord-Tenant Code |
| Terms of Leases | Landlord accepting rent in advance after First 60 days of holdover creates a month-to-month tenancy absent contrary agreement; absence of any agreement makes term equal to that at which the rent is computed; notice to quit must give 25 days |
| Deposits | Limit 1 month rent; no interest on deposit required; deposit must be returned within 14 days of termination |
| Discrimination | No discrimination on basis of HIV infection, race, sex, color, marital status, parental status, ancestry, handicapped status; section regarding parental status does not apply to housing for older persons as defined in 42 USC §3607(b)(2) |
| Uniform Residential Landlord & Tenant Act Adopted? | Yes |
Related Resources for Leases and Rental Agreements Laws in Hawaii
State laws regulating rental properties can be complicated. You can consult with an experienced Hawaii landlord-tenant attorney if you would like legal help with a lease or rental agreement matter. And FindLaw’s section on Leases and Rental Agreements can provide you with further reading and resources on this topic.
