Hawaii Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

One month's rent, plus (if the landlord and tenant agree) an additional pet-damage deposit of up to one more month's rent; the pet amount may not be required from a tenant without a pet or for an assistance animal that is a reasonable accommodation (HRS 521-44(b)). The deposit may be held only for: tenant defaults (damage from failure to comply with 521-51, unpaid rent, unreturned keys/fobs/openers/mailbox keys), cleaning to the condition at move-in, damages if the tenant wrongfully quits, pet damage, and unpaid landlord-supplied utilities (521-44(a)). At the start of the tenancy the landlord may not require or receive any money other than the first month's rent and the security deposit (521-44(b)). The deposit is not last month's rent unless agreed in writing and the tenant gives 45 days' notice (521-44(b)). The tenant's claim to the deposit is prior to any creditor of the landlord, even if commingled (521-44(b)).

Return deadline days

14 days

Itemization required

Yes

Interest required

No interest or separate-account requirement found in HRS 521-44 (deposits may be commingled).

Source: HRS 521-44(a), (b), (c), (d), (f), (g), (h)

Late fees

Rule

If the rental agreement provides for a late charge for rent not paid when due, the late charge may not exceed 8 percent of the amount of rent due (HRS 521-21(f)). The statute does not require a grace period or prior written notice of the fee.

Source: HRS 521-21(f)

Landlord entry

Notice

Except in an emergency or where impracticable, the landlord must give the tenant at least two days' notice of intent to enter and may enter only during reasonable hours; the landlord may not abuse the right of access or use it to harass the tenant (HRS 521-53(b)). The tenant may not unreasonably withhold consent to entry to inspect, make necessary or agreed repairs or alterations, supply agreed services, or show the unit to prospective purchasers, mortgagees or tenants (521-53(a)). No other right of entry exists except by court order, if the tenant appears to have abandoned the premises, or as permitted by 521-70(b) (521-53(c)). A tenant may treat repeated demands for unreasonable entry, or unreasonable unconsented entry, as grounds to terminate the rental agreement and a circuit judge may enjoin the landlord and fine up to $100 (521-73(c)). The landlord is liable for theft, casualty or other damage from an entry without the tenant's actual consent (except in an emergency such as fire) and any agreement exempting the landlord from this liability is void (521-73(b), (d)).

Source: HRS 521-53, 521-73

Ending a month-to-month tenancy

Tenant

Written notice at least 28 days before the anticipated termination; the tenant owes rent through the 28th day (HRS 521-71(b)).

Landlord

Written notice at least 45 days before the anticipated termination; the tenant may vacate any time in the last 45 days but must notify the landlord of the vacate date and pay prorated rent (521-71(a)). If the landlord plans voluntary demolition, condominium conversion or a change to transient vacation rentals, written notice at least 120 days (521-71(c)). For tenancies shorter than month-to-month, either side gives at least 10 days' notice (521-71(d)). For unpaid rent, the landlord may terminate if rent is not paid within the time stated in a written notice of not less than 10 calendar days after receipt (HRS 521-68(a) as amended by Act 278, SLH 2025, effective 2026-02-05; the notice must also include the mediation language in 521-68(b); deemed received on posting, or 2 business days after postmark if mailed). A notice of termination made to evade the rent-increase notice rules is void (521-71(f)).

Source: HRS 521-71(a)-(d), (f); 521-68 (Act 278, SLH 2025)

Rent increases

Rule

Month-to-month tenancy: the landlord may not increase rent without written notice given 45 consecutive days before the effective date (HRS 521-21(d)). Tenancy shorter than month-to-month: 15 consecutive days' written notice (521-21(e)). A termination notice given to evade these requirements is void (521-71(f)). The retaliation section also bars demanding a rent increase after a good-faith complaint or repair request (521-74(a)).

Statewide rent control

No statewide rent control or rent-increase cap found in ch. 521 (a 2026 rent-cap bill, SB2539, is reported dead).

Source: HRS 521-21(d), (e); 521-71(f); 521-74

Repairs & habitability

Rule

The landlord must at all times comply with building and housing laws materially affecting health and safety, keep common areas clean and safe, make repairs needed to keep the premises habitable, keep landlord-supplied electrical, plumbing and other facilities and appliances in good working order, and (except single-family homes) provide rubbish receptacles and removal and running water (HRS 521-42(a)). Before first occupancy the landlord must inventory the premises in a written record signed by both parties; without it, condition at move-out is rebuttably presumed the same as at move-in (521-42(a)). Repair and deduct: after written notice of a defect in material noncompliance with 521-42(a), the landlord must commence repairs within 12 business days; for electrical, plumbing or other facilities needed for sanitary and habitable conditions the landlord must commence within 3 business days of oral or written notice (521-64(c)). If the landlord fails, the tenant may do or have the work done and deduct from rent up to $1,000 or one month's rent, whichever is greater, with receipts (521-64(d)). For a health or safety violation noticed by a government agency, repairs must start within 7 calendar days (521-64(a)-(b)). The tenant must list all known conditions in the first notice; unlisted conditions are barred for 6 months and landlord-paid repairs are capped at 3 months' rent per 6-month period (521-64(e)). Termination: if a condition deprives the tenant of a substantial part of the benefit of the bargain and the landlord does not remedy it within one week of written notice, the tenant may terminate; no notice needed if the unit is uninhabitable or poses an imminent threat to health or safety (521-63(a)).

Source: HRS 521-42, 521-63, 521-64

Retaliation

Rule

While the tenant keeps tendering the usual rent, the landlord may not bring an action for possession, force the tenant out, demand a rent increase, or decrease services after the tenant (1) complained in good faith to the health department, landlord, building department, consumer protection office or other agency about a health-law or ch. 521 violation, (2) an agency filed a complaint or notice of violation, or (3) the tenant in good faith requested repairs under 521-63 or 521-64 (HRS 521-74(a)). Exceptions include waste, nuisance or illegal use; good-faith recovery for the landlord's or immediate family's own abode, or to alter, remodel or demolish; conditions caused by the tenant; a health department certification of compliance; a good-faith contract of sale; and a periodic-tenancy termination notice given before the complaint (521-74(b)). Rent may still be raised for property tax or operating cost increases, capital improvements, comparable market rent, or after a compliance certification (521-74(d)). The tenant may recover damages and costs including attorney's fees (521-74(c)). No time-based presumption found.

Source: HRS 521-74

Clauses often unenforceable in Hawaii

• Any waiver by landlord or tenant of rights or remedies under ch. 521, except as the chapter allows (HRS 521-31(a))
• A security deposit above one month's rent (plus a capped pet-damage deposit) or collecting any money at move-in other than first month's rent and the deposit (521-44(b))
• Treating the security deposit as last month's rent unless agreed in writing with 45 days' notice (521-44(b))
• Late charges above 8% of the rent due (521-21(f))
• Requiring postdated checks or other negotiable instruments for rent (521-44(e))
• Any agreement exempting the landlord from liability for improper entry (other than consent to a particular entry) (521-73(d))
• Tenant house rules not meeting the 521-52(b) tests (reasonably related, applied fairly to all tenants, explicit, and disclosed or consented to in writing if a substantial change)
• A termination notice given to evade the 45-day / 15-day rent-increase notice rules (521-71(f))