This chapter shall be known and may be cited as the Residential Landlord-Tenant Code.
The Code is to be liberally construed to simplify, clarify, modernize and revise the law governing residential rentals; to encourage landlords and tenants to maintain and improve the quality of housing; to make uniform the law among the several jurisdictions; and to clarify and establish the rights and obligations of landlords and tenants.
Unless displaced by the provisions of this chapter, the principles of law and equity — including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause — supplement its provisions.
This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this State.
Key definitions include: 'Dwelling unit' means a structure or part of a structure used as a home or residence by one or more persons who maintain a household. 'Landlord' means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, and includes a person authorized to exercise rights and duties of the owner, lessor or sublessor. 'Tenant' means any person entitled under a rental agreement to the use or occupancy of a dwelling unit. 'Rent' means all payments to be made to the landlord under the rental agreement. 'Rental agreement' means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or other provisions concerning the use and occupancy of a dwelling unit. 'Security deposit' means money or property given to a landlord to assure payment of rent or performance of other obligations by the tenant.
Unless created to avoid the application of this chapter, the following arrangements are not covered: (1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar services; (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest; (3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) transient occupancy in a hotel, motel, or similar lodging; (5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment; (6) occupancy by an owner of a condominium unit or by the holder of a proprietary lease in a cooperative.
The landlord and tenant may include in a rental agreement any terms and conditions not prohibited by this chapter or other law. In the absence of an agreement, the tenant shall pay the fair rental value for the use and occupancy of the dwelling unit. Rent is payable without demand at the time and place agreed upon by the parties. Unless otherwise agreed, all rent shall be payable at the beginning of any term of one month or less, and otherwise in equal monthly installments at the beginning of each month. A rent increase on a month-to-month tenancy requires the same written notice as termination under § 521-71(a), namely 45 days.
A rental agreement shall not provide that the tenant: (1) agrees to waive or forgo rights or remedies under this chapter; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's attorney's fees except as provided by statute or supreme court rule; (4) agrees to the exculpation or limitation of any liability of the landlord arising under law, or to indemnify the landlord for that liability or costs connected therewith. A provision prohibited by this section is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover actual damages sustained, a civil penalty of not more than $250, reasonable attorney's fees and costs.
A rental agreement, or any assignment, conveyance, trust deed, or security instrument, may not permit the receipt of rent free of the obligation to comply with § 521-42(a).
The rental agreement may provide that the tenant perform specified repairs, maintenance tasks, alterations, remodeling, or other specified work on the premises in exchange for a reduction in rent, but only if the agreement is in writing, supported by adequate consideration, entered into in good faith and not for the purpose of evading the obligations of the landlord, and does not diminish the obligations of the landlord to other tenants.
The rental agreement shall not require the tenant to pay additional amounts for services or amenities if those services or amenities are tied to the rental in a way that effectively raises the rent; charges for unrelated goods or services must be kept separate from the rent obligation.
A landlord may adopt rules and regulations concerning the tenant's use and occupancy of the dwelling unit. Such rules are enforceable against the tenant only if: (1) their purpose is to promote the convenience, safety, or welfare of tenants, preserve the landlord's property, or fairly distribute services and facilities; (2) they are reasonably related to the purpose for which adopted; (3) they apply to all tenants in a fair manner; (4) they are sufficiently explicit in prohibition, direction, or limitation to fairly inform the tenant of what must be done to comply; (5) they are not for the purpose of evading the obligations of the landlord; and (6) the tenant has notice of them at the time the tenant enters into the rental agreement, or when they are adopted.
The landlord shall at all times during the tenancy: (1) comply with all applicable building and housing laws materially affecting health and safety; (2) keep common areas of a multi-dwelling unit premises in a clean and safe condition; (3) make all repairs and arrangements necessary to put and keep the premises in a habitable condition; (4) maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear; (5) except for single-family residences, provide and maintain appropriate receptacles for rubbish and garbage and arrange for frequent removal; (6) except for single-family residences, or where the building is not required by law to be so equipped, supply running water and reasonable amounts of hot water at all times and reasonable heat, unless the building is not required by law to supply heat. At the commencement of the tenancy, the landlord shall provide the tenant with a written inventory of the premises' condition and all furnishings or appliances provided.
The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy: (1) the name and address of the landlord or of a person authorized to act for and on behalf of the landlord for the purposes of service of process and for receiving and receipting notices and demands; (2) the name and address of any on-site manager; (3) the general excise tax number of the rental entity, so that the tenant may claim allowable tax credits. The landlord shall disclose in writing any change in the name or address of the landlord or agent as soon as practicable. If the landlord fails to comply with a disclosure requirement within 10 days after proper demand by the tenant, the landlord shall be liable to the tenant for $100 plus reasonable attorney's fees.
(a) A landlord may require a tenant at the beginning of the rental agreement to pay a security deposit. (b) The security deposit shall not exceed an amount equal to a sum of one month's rent. (c) Within 14 days after the termination of the rental agreement, the landlord shall remit to the tenant the balance of all moneys paid as a security deposit, together with a written statement showing any amount retained and the reasons therefor. (d) The landlord may retain all or a portion of the security deposit for: (1) compensation for tenant's nonpayment of rent; (2) repair of damages to the premises caused by the tenant other than ordinary wear and tear; (3) cleaning of the dwelling unit upon termination so as to return it to its condition at the start of the tenancy, reasonable wear and tear excepted; (4) compensation for damages caused by a tenant's wrongful quitting of the dwelling unit. (e) If the landlord fails to provide the written notice of reasons for retention within 14 days, the landlord shall forfeit the right to retain any portion of the security deposit, and the tenant shall be entitled to the full return. (f) A tenant who prevails in an action to recover a wrongfully withheld deposit may recover up to three times the amount wrongfully withheld, together with reasonable attorney's fees and costs.
(a) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at reasonable times after giving the tenant at least 2 days' notice, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. (b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. (c) The landlord shall have no other right of entry except by court order, unless the tenant appears to have abandoned the premises or as permitted under § 521-70(b). The landlord shall not abuse the right of access or use it to harass the tenant. A tenant whose landlord abuses the right of access may obtain injunctive relief and recover actual damages of not more than one month's rent for each violation.
Each tenant shall at all times during the tenancy: (1) comply with all obligations imposed upon tenants by applicable provisions of all housing laws, and rules and regulations of the landlord; (2) keep that part of the premises occupied and used as clean and safe as the condition of the premises permits; (3) dispose of all rubbish, garbage and other organic or flammable waste in a clean and safe manner; (4) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (5) use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in a reasonable manner; (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so; (7) conduct himself, herself, and require other persons on the premises with the tenant's consent to conduct themselves, in a manner that will not disturb the tenant's neighbors' peaceful enjoyment of the premises.
A tenant shall comply with all reasonable rules and regulations adopted by the landlord in compliance with § 521-35.
Unless otherwise agreed, the tenant shall occupy the tenant's dwelling unit only as a dwelling unit. The rental agreement may require the tenant to notify the landlord of any anticipated extended absence from the premises in excess of 20 consecutive days no later than the first day of the extended absence.
Any defective condition of the premises which comes to the tenant's attention, which the tenant has reason to believe is unknown to the landlord, and which the tenant has reason to believe is the duty of the landlord or of another tenant to repair, shall be reported by the tenant to the landlord as soon as practicable.
When the tenant has wrongfully quit the premises or has abandoned personal property that the landlord in good faith determines to be of value, the landlord may sell the personal property in a commercially reasonable manner, store it at the tenant's expense, or donate it to a charitable organization. Before selling or donating, the landlord shall make reasonable efforts to notify the tenant by mail at the tenant's forwarding address, at an address designated for notification, or at the tenant's last known address, and shall wait at least 15 days after mailing before sale or donation. A sale must be advertised for 3 consecutive days in a daily newspaper of general circulation in the judicial circuit where the premises are located. If the landlord in good faith determines the property has no value, the landlord may dispose of it.
If the landlord fails to supply possession of the dwelling unit to the tenant as provided in § 521-41, rent abates until possession is delivered, and the tenant may: (1) upon written notice to the landlord, terminate the rental agreement if possession is not delivered within 20 days after the agreed date, and recover all prepaid rent and security; or (2) demand performance of the rental agreement, including recovery of damages caused by the landlord's failure to deliver.
If the landlord fails to conform to the rental agreement, or is in material noncompliance with § 521-42(a), the tenant may, on notice to the landlord, terminate the rental agreement and vacate the dwelling unit at any time during the first week of occupancy. The tenant retains this right beyond the first week so long as the tenant remains in possession in reliance on a promise, whether written or oral, by the landlord to correct the condition.
(a) If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. (b) If the landlord unlawfully removes or excludes the tenant from the premises, or willfully diminishes services to the tenant by interrupting or causing the interruption of any essential service, the tenant may recover possession or terminate the rental agreement and recover an amount not more than two months' rent or free occupancy for two months, together with reasonable attorney's fees.
If the landlord fails to comply with the rental agreement or § 521-42 and the reasonable cost of compliance is less than $500, the tenant may notify the landlord in writing of the tenant's intention to correct the condition at the landlord's expense. If the landlord fails to comply within 12 business days after being notified by the tenant in writing, or more promptly if conditions require in case of emergency, the tenant may cause the work to be done by a competent tradesperson in a workmanlike manner and, after submitting to the landlord an itemized statement with a receipt, deduct from the tenant's rent the actual and reasonable cost of the work, not exceeding $500.
If the dwelling unit or premises are damaged by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises and notify the landlord in writing within one week thereafter of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
A landlord or the landlord's agent may, any time after rent is due, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than 5 business days after receipt thereof, the rental agreement will be terminated. If the tenant cannot be served with the notice, notice may be given by posting it in a conspicuous place on the dwelling unit. If the tenant remains in default, the landlord may bring a summary proceeding for possession of the dwelling unit or any other proper proceeding.
If the landlord fails to comply with any disclosure requirement specified in § 521-43 within 10 days after proper demand by the tenant, the landlord shall be liable to the tenant for $100 plus reasonable attorney's fees.
A landlord or the landlord's agent may, any time after rent is due, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than 5 business days after receipt thereof, the rental agreement will be terminated. Notice may be posted in a conspicuous place on the dwelling unit if the tenant cannot be served. If the tenant remains in default, the landlord may bring a summary possession proceeding or any other proper action.
If the tenant is in material noncompliance with § 521-51, the landlord, upon learning of the noncompliance and after notifying the tenant in writing of the noncompliance and allowing a specified time not less than 10 days after receipt of the notice to remedy the noncompliance, may: (1) terminate the rental agreement and bring a summary proceeding for possession if the tenant is in material noncompliance with § 521-51(l) (disturbing peaceful enjoyment of other tenants); or (2) remedy the tenant's failure to comply and bill the tenant for the actual and reasonable cost of the remedy, treated as rent due on the next regular rent collection date. No allowance of time to remedy is required when the breach causes or threatens damage to any person or constitutes a violation of § 521-51(l) or (6).
(a) If the rental agreement requires the tenant to give notice to the landlord of anticipated extended absence in excess of 20 days as permitted by § 521-54 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. (b) During any absence of the tenant in excess of 20 days, the landlord may enter the dwelling unit at times reasonably necessary. (c) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. Rent accrues until the unit is rented or a reasonable time has elapsed. (d) A tenant is deemed to have wrongfully quit the premises if the tenant is absent from the dwelling unit for at least 20 days after the tenant's last payment of rent without notifying the landlord.
(a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant in writing at least 45 days in advance of the anticipated termination. (b) When the tenancy is month-to-month, the tenant may terminate the rental agreement by notifying the landlord in writing at least 28 days in advance of the anticipated termination; the tenant is responsible for rent through the 28th day. (c) Before a landlord terminates a month-to-month tenancy for purposes of voluntary demolition, conversion to a condominium property regime under chapter 514B, or changing the use of the building to transient vacation rentals, the landlord shall provide at least 120 days' written notice. (d) When the tenancy is less than month-to-month, either party may terminate by notifying the other at least 10 days before the anticipated termination. (e) A holdover tenant who remains after termination without the landlord's consent may be liable for a sum not to exceed twice the monthly rent, prorated daily, and the landlord may bring a summary possession proceeding within the first 60 days of holdover.
If there is a material noncompliance by the tenant with the rental agreement or with a rule authorized under § 521-52, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 10 days after receipt of the notice if the breach is not remedied in 10 days. If the breach is not remedied in 10 days, the rental agreement shall terminate as provided in the notice. If the breach is remediable by repairs or payment of damages and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate.
(a) The tenant shall be liable to the landlord for any damage proximately caused by the tenant's unreasonable refusal to allow access to the premises as provided in § 521-53. (b) If the landlord makes an unlawful entry, a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief and recover actual damages not more than one month's rent for each violation.
(a) Notwithstanding any other provision of law, a landlord may not retaliate by increasing rent or decreasing services, or by bringing or threatening to bring an action for possession, or by refusing to renew a rental agreement, after: (1) the tenant has complained in good faith to a government agency charged with enforcement of a building, housing, health, or similar code; (2) the tenant has complained to the landlord of a violation under § 521-42; (3) the tenant has organized or become a member of a tenants' union or similar organization; or (4) the tenant has made a fair housing complaint. (b) A tenant subject to retaliation may recover actual damages, reasonable attorney's fees, and has a defense in any action for possession.
If the tenant is a victim of domestic violence, the tenant may terminate the rental agreement and vacate the premises without further liability upon providing the landlord with at least 14 days' written notice and a qualifying verification document (such as a protective order, police report, or signed statement from a qualified third party) within 90 days of the most recent domestic violence incident. The tenant remains liable for rent owed through the termination date and for any damage to the premises.
If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental, or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed terminated by the landlord as of the date the landlord has notice of the abandonment. Rental amounts collected on reletting shall be credited against the original tenant's obligations.
Any right of the landlord to distrain or to maintain an action or obtain relief similar to distraint for rent is hereby abolished.
Establishes a two-year pilot program from February 5, 2026, through February 4, 2028, requiring landlords to participate in mediation if the tenant requests mediation within 10 days after receiving an eviction notice for nonpayment of rent under § 521-68. Mediation must be completed or attempted in good faith before the landlord may file a summary possession action based on the nonpayment notice. Mediation services are provided through the Mediation Centers of Hawaii; there is no cost to either party. The program is administered by the Department of Commerce and Consumer Affairs, Office of Consumer Protection.
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