Free Hawaii Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Hawaii Residential Lease Agreement

A Hawaii residential lease (also called a Hawaii rental agreement) sets the rent, term and house rules for a home rental. A Hawaii residential lease agreement is governed by the Residential Landlord-Tenant Code, chapter 521 of the Hawaii Revised Statutes (HRS). Hawaii caps the deposit at one month’s rent, requires its return within 14 days, limits late fees to 8% of the rent due, and requires a 10-calendar-day notice before a nonpayment eviction — which, under a pilot program running to February 2028, must also be sent to a free state-funded mediation center.

Hawaii landlord–tenant law at a glance

Hawaii residential lease law summary
Security deposit limit	1 month’s rent, plus up to 1 more month as a pet depositHRS §521-44(b)
Deposit return	14 days, with written evidence of costs — or the landlord forfeits the right to keep any of itHRS §521-44(c)
Late fees	Max 8% of the rent dueHRS §521-21(f)
Rent-increase notice	45 days’ written notice (month-to-month)HRS §521-21(d)
Landlord entry	At least 2 days’ notice, during reasonable hoursHRS §521-53(b)
Month-to-month termination	Landlord 45 days · tenant 28 daysHRS §521-71(a)–(b)
Nonpayment notice	10 calendar days (since Feb. 5, 2026); copy to a mediation center required through Feb. 4, 2028HRS §521-68(a)–(c)
Off-island landlord	Must name an agent on the same island in the written leaseHRS §521-43(f)

Security deposits in Hawaii

Hawaii limits the security deposit to one month’s rent. Where the tenant keeps a pet, the landlord may collect an additional pet deposit of up to one more month’s rent — but never for an assistance animal kept by a tenant with a disability (§521-44(b)).

Permitted uses — Unpaid rent and other tenant defaults, damage beyond normal wear and tear, cleaning to move-in condition, pet damage, and unpaid utility charges (§521-44(a)).
Not last month’s rent — No part of the deposit can be treated as the last month’s rent unless both sides agree in writing (§521-44(b)).
14-day deadline — Within 14 days after the tenancy ends, the landlord must return the deposit or give written notice of the reasons for keeping any part of it, with written evidence of the costs such as estimates or invoices (§521-44(c)).
Forfeiture — A landlord who doesn’t meet the 14-day notice requirement isn’t entitled to retain any part of the deposit — even for real damage (§521-44(c)).
Bad-faith penalty — If the landlord wrongfully and willfully kept deposit money, the small claims court may award three times the amount withheld, plus costs (§521-44(h)).

Rent, late fees & rent increases

Late-fee cap — Where the lease provides for a late charge, it can’t exceed 8% of the amount of rent due (§521-21(f)). Hawaii sets no mandatory grace period, so the lease sets when the fee applies.
Rent increases — Rent on a month-to-month tenancy can’t be raised without written notice given 45 consecutive days before the increase takes effect; for tenancies shorter than month-to-month it’s 15 days (§521-21(d)–(e)). A fixed-term lease can’t be increased mid-term unless the lease allows it.
General excise tax — Rental income is subject to Hawaii’s general excise tax, and landlords must provide their GET number to tenants so they can claim the low-income renter’s tax credit (§521-43(h)).
Rent control — Hawaii has no statewide or county rent control on private rentals; the 45-day notice rule is the main limit on increases.

Landlord entry & access

A Hawaii tenant can’t unreasonably refuse entry for inspections, repairs, agreed services or showings to buyers, lenders and prospective tenants. Except in an emergency or where it’s impracticable, the landlord must give at least two days’ notice and enter only during reasonable hours, and may not abuse access to harass the tenant (§521-53(b)). Otherwise the landlord has no right of entry without a court order, unless the tenant appears to have abandoned the unit (§521-53(c)).

Ending a Hawaii tenancy

Hawaii’s month-to-month notice is asymmetric: the landlord must give 45 days’ written notice, while the tenant needs to give only 28. A tenant who receives the landlord’s 45-day notice may move out earlier in that window on notice, paying rent prorated to the move-out date (§521-71).

Notice to end a Hawaii tenancy (HRS §521-71)
Month-to-month — landlord	45 days
Month-to-month — tenant	28 days
Shorter than month-to-month (either party)	10 days
Demolition, condo or transient-rental conversion	120 days

Nonpayment — Since February 5, 2026 (Act 278 of 2025), the landlord’s written demand must give at least 10 calendar days to pay (previously 5 business days); this change is permanent. Through February 4, 2028, the notice must also be sent to a state-funded mediation center, and if mediation is scheduled within the 10 days the landlord must participate and can’t file for possession until 20 calendar days after the tenant received the notice, unless the tenant skips or cancels mediation (§521-68).
Tenant obligation breaches — For a material breach of the tenant’s statutory obligations (§521-51), the landlord must give written notice and at least 10 days to remedy it; eviction on this ground is limited to violations of health-and-safety building and housing laws, while other breaches the landlord can fix and bill as rent. No cure period is needed where the breach causes or threatens irremediable damage to people or property (§521-69).
Holdover — A tenant who stays past a proper termination without consent can owe up to twice the monthly rent, prorated daily. The landlord must start eviction within 60 days or a new month-to-month tenancy arises at the old rent (§521-71(e)).
No pretext notices — A termination notice served to evade the rent-increase notice rules is void (§521-71(f)).

Required disclosures in Hawaii

Owner / manager identity — In writing, at or before the start of the tenancy: the name and address of each person authorized to manage the premises and of each owner or agent authorized to receive rent, notices and service of process (§521-43(a)).
On-island agent — A landlord who lives out of state or on a different island must designate, in the written rental agreement, an agent who lives on the same island as the unit (§521-43(f)).
GET number — The landlord’s general excise tax number, which tenants need to claim the low-income renter’s tax credit (§521-43(h)).
Move-in inventory — Before move-in, the landlord must inventory the unit and write up the condition of the premises and any furnishings or appliances, signed by both sides with a copy to the tenant. Without it, the unit’s condition at move-out is rebuttably presumed to be the same as at move-in (§521-42(a)).
Lead-based paint — Federal lead warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).

Habitability & repairs

A Hawaii landlord must comply with building and housing laws materially affecting health and safety, keep common areas clean and safe, make the repairs needed to keep the premises habitable, and keep supplied facilities and appliances in good working order (§521-42(a)).

If the landlord doesn’t start repairs within 12 business days of the tenant’s written notice — or within 3 business days for electrical, plumbing and other facilities needed for sanitary, habitable living, or 7 calendar days after a health agency cites a health or safety violation — the tenant may have the work done and, on showing receipts, deduct up to $1,000 or one month’s rent, whichever is greater (§521-64, as amended in 2024).

Tenant protections you can’t waive

No liability waivers — A lease clause exempting the landlord from liability for its own or its agents’ acts, or making the tenant indemnify the landlord for them, is void (§521-33).
No lockouts — If a landlord removes or excludes a tenant overnight without cause or a court order, the tenant can recover possession or end the lease and collect two months’ rent (or two months of free occupancy) plus attorney’s fees (§521-63(c)).
No retaliation — A landlord can’t raise rent, cut services or evict because the tenant complained to a government agency or requested repairs in good faith (§521-74).
Deposit rules — The one-month cap, the 14-day deadline and the forfeiture rule apply no matter what the lease says (§521-44).

Hawaii lease agreement FAQs

How much can a landlord charge for a security deposit in Hawaii?

No more than one month’s rent. A landlord may also collect a separate pet deposit of up to one additional month’s rent, but not for an assistance animal (HRS §521-44(b)).

How long does a landlord have to return a security deposit in Hawaii?

14 days after the tenancy ends. Within that window the landlord must return the deposit or explain in writing why any part is being kept, with evidence of the costs. Miss it and the landlord can’t keep any of the deposit (§521-44(c)).

What is the maximum late fee in Hawaii?

8% of the amount of rent due. The late charge must be provided for in the rental agreement (HRS §521-21(f)).

How much notice does a Hawaii landlord need to raise the rent?

For a month-to-month tenancy, written notice given at least 45 consecutive days before the increase takes effect (§521-21(d)). A fixed-term lease can’t be raised mid-term unless the lease itself allows it.

How much notice does a landlord need to enter in Hawaii?

At least two days’ notice, with entry only during reasonable hours — except in an emergency or where notice is impracticable (§521-53(b)).

How much notice is needed to end a month-to-month lease in Hawaii?

The landlord must give 45 days’ written notice; the tenant only 28 days. Tenancies shorter than month-to-month need 10 days (§521-71).

What notice is required to evict for nonpayment of rent in Hawaii?

Since February 5, 2026, a written notice giving at least 10 calendar days to pay (Act 278 of 2025 made this permanent). Through February 4, 2028, a copy must also go to a state-funded mediation center; if mediation is scheduled within the 10 days, the landlord must take part and can’t file for possession until 20 calendar days after the tenant received the notice (§521-68).

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