Hawaii (HI) law guide
Hawaii's rental market is shaped by some of the highest housing costs in the nation and a tight supply of homes on islands where land is finite. The **Hawaii Residential Landlord-Tenant Code** (Hawaii Revised Statutes Chapter 521) governs nearly every aspect of the rental relationship, from deposit caps to eviction procedure, and its 2026 amendments under Act 278 added a pre-filing mediation layer that makes the state's process notably tenant-protective. Landlords and tenants alike benefit from understanding HRS Chapter 521 before signing a lease or issuing a notice.
Security deposit limit
1 month's rent (unfurnished); 2 months (furnished)
Deposit return deadline
14 days after tenant surrender
Statewide rent control
None
Nonpayment eviction notice
10 calendar days (Act 278, eff. Feb 5 2026)
Hawaii rental market snapshot
Population
~1.45 million (2024 estimate)
Renter households
~37% of households rent
Median rent
~$2,100 (2BR, statewide)
Largest rental markets
Honolulu (Oahu), Kahului-Wailuku (Maui), Hilo (Hawaii County), Kailua-Kona (Hawaii County), Lihue (Kauai)
Oahu concentrates roughly two-thirds of the state's population and commands median 2-bedroom rents near $2,500, making Hawaii's one-month deposit cap and tight 14-day return deadline especially impactful for tenants who cannot afford to lose those funds to slow or disputed returns.
Under HRS Section 521-44, a Hawaii landlord may collect no more than one month's rent as a security deposit for an unfurnished unit. Furnished rentals are permitted a higher cap of two months' rent. Landlords who also allow pets may require an additional deposit of up to one month's rent per pet, though this extra charge cannot apply to service animals as defined under the Americans with Disabilities Act. Beyond first month's rent and the deposit itself, no other upfront money may be demanded at lease signing.
At the end of a tenancy, the landlord has a firm 14-day deadline to return the deposit after the tenant surrenders possession. Any portion withheld must be accompanied by a written, itemized statement explaining each deduction. The 14-day clock is satisfied if the notice is postmarked by midnight on the fourteenth day following the surrender date, and landlords are strongly advised to send it by certified mail with return receipt. Permissible deductions include unpaid rent, cleaning costs, unreturned keys, and tenant-caused damage beyond normal wear and tear.
A landlord who misses the 14-day deadline or fails to provide the required itemized notice forfeits the right to retain any portion of the deposit. In that situation the tenant may file in Small Claims Court to recover the full amount. This strict forfeiture rule makes timely, documented returns one of the most consequential compliance obligations a Hawaii landlord faces.
Hawaii has no statewide rent control or rent stabilization law as of 2026. Landlords may raise rent to any amount the market will bear, provided the required advance notice is given and the increase does not take effect during a fixed-term lease unless the lease expressly permits it. County or local rent caps are permitted only under narrow emergency declarations; absent such a declaration, no local jurisdiction in the state currently imposes a standing rent ceiling.
For month-to-month tenancies, HRS Section 521-21 requires at least 45 days written notice before a rent increase takes effect. Tenancies running on a period shorter than one month require at least 15 days written notice. These notice windows give tenants meaningful time to evaluate whether to accept the new rent or vacate, which is particularly important given Hawaii's compressed rental market where finding affordable alternatives on short notice is difficult.
Landlords may not use a rent increase as a pretext for retaliation against a tenant who has filed a complaint with a government authority, exercised a repair-and-deduct remedy, or joined a tenants' organization. HRS Section 521-74 creates a rebuttable presumption of retaliation if a notice of increase is served within 90 days of a protected tenant activity, which effectively limits opportunistic pricing tactics during a dispute.
Hawaii's eviction framework was significantly updated by Act 278, which took effect February 5, 2026 and runs as a two-year pilot program through February 4, 2028. Under the amended HRS Section 521-68, a landlord must now provide at least 10 calendar days written notice to the tenant before filing a summary possession complaint for nonpayment of rent. That same notice must be simultaneously provided to the applicable county mediation center. If the tenant requests mediation within the 10-day window, the landlord must participate in pre-filing mediation before the court action can proceed, extending the total pre-filing period to roughly 30 days.
If mediation is not requested or breaks down, the landlord files a summary possession complaint in District Court and a hearing is typically scheduled within 12 to 21 days. If the court grants possession, a writ is issued and a sheriff (not the landlord personally) executes the eviction. The full process from notice to physical removal generally takes 30 to 60 days, with Oahu courts often running longer due to heavy dockets. Self-help eviction is explicitly prohibited under HRS Section 521-63: landlords may not change locks, remove doors or windows, shut off utilities, or seize a tenant's belongings to force a departure.
For lease violations other than nonpayment, landlords must issue a separate notice giving the tenant a reasonable opportunity to cure the breach before filing. Tenants facing eviction for nonpayment retain the right to assert a breach of the implied warranty of habitability as a defense if the landlord has failed to maintain the unit in a habitable condition. A successful habitability defense can result in a judgment for reduced rent, repair costs, or dismissal of the eviction claim entirely.
Hawaii landlords carry an implied warranty of habitability under HRS Section 521-42, requiring all rental units to meet applicable building and housing codes materially affecting health and safety. This includes functioning electrical, plumbing, and heating systems, weatherproofing, and freedom from infestations. If a landlord fails to make a required repair after receiving written notice, the tenant's primary remedy under HRS Section 521-64 is the repair-and-deduct right: the tenant may arrange the repair and deduct the cost from rent up to the lesser of $500 or one month's rent, provided the defect materially affects habitability and the landlord has not cured it within three business days.
Tenants are also protected against retaliatory conduct. HRS Section 521-74 forbids landlords from terminating a lease, refusing renewal, raising rent, or reducing services in retaliation for a tenant reporting code violations, exercising legal rights, or organizing with other tenants. A presumption of retaliation arises if adverse landlord action follows within 90 days of protected activity. Tenants may also withhold a proportionate share of rent for substantial habitability failures under HRS Sections 521-62 through 521-64, though this remedy is best exercised with legal guidance given the documentation requirements.
Discrimination in rental housing is prohibited under both federal law and the Hawaii Fair Employment and Housing Act. Protected classes in Hawaii include race, sex, sexual orientation, gender identity or expression, age, religion, color, national origin, ancestry, disability, marital status, and familial status. The Hawaii Civil Rights Commission enforces these protections statewide, and tenants who believe they have experienced discriminatory treatment in rental applications, lease terms, or eviction proceedings may file a complaint without cost.
This guide is general information, not legal advice. Governing statute: Hawaii Residential Landlord-Tenant Code (HRS Chapter 521). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Hawaii FAQ
For an unfurnished unit, Hawaii law caps the security deposit at one month's rent under HRS Section 521-44. Furnished units allow up to two months' rent. An additional pet deposit of up to one month's rent is permitted, but service animals are exempt from any extra deposit requirement.
A Hawaii landlord must return the deposit within 14 days after the tenant surrenders possession. If any portion is withheld, the landlord must provide a written itemized statement of deductions. Missing the 14-day deadline forfeits the landlord's right to keep any part of the deposit, and the tenant can sue in Small Claims Court to recover the full amount.
No. As of 2026, Hawaii has no statewide rent control or rent stabilization law, and no county currently imposes a standing cap on residential rent increases. Landlords must give at least 45 days written notice before raising rent on a month-to-month tenancy, but there is no legal limit on the size of the increase.
Under Act 278 (effective February 5, 2026), a landlord must give the tenant at least 10 calendar days written notice of nonpayment before filing a court action. The notice must also be sent to the county mediation center. If the tenant requests mediation within that 10-day period, the landlord must participate before filing, extending the pre-filing period to approximately 30 days.
No. Self-help eviction is strictly prohibited under HRS Section 521-63. A landlord may not remove a tenant by changing locks, removing doors or windows, cutting off utilities, or seizing the tenant's belongings. The only lawful way to remove a tenant is through a court-ordered writ of possession executed by a sheriff.
If a landlord does not fix a habitability issue within three business days of written notice, the tenant may exercise the repair-and-deduct remedy under HRS Section 521-64, arranging the repair and deducting the cost from rent up to the lesser of $500 or one month's rent. For larger defects, the tenant may also seek a rent reduction proportionate to the loss of rental value, or pursue a claim in court.
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