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Hawaii County · Hawaii

Hawaii County Landlord-Tenant Law

Hawaii landlord guide — eviction rules, courthouse info & local regulations

🏛️ County Seat: Hilo
👥 Population: ~210,000
🏔️ The Big Island • Hilo • Kona • Volcanoes NP • UH Hilo • Lava Country

Landlord-Tenant Law in Hawaii County, Hawaii

Hawaii County — coextensive with the Island of Hawaii, universally called “The Big Island” — encompasses approximately 4,028 square miles, roughly 63% of the State of Hawaii’s total land area, with a population of approximately 210,000. It is the second most populous Hawaii county after Honolulu and, by a large margin, the largest and most geographically diverse. The island splits into two dominant economic centers separated by two active volcanoes: the Hilo side on the east (the county seat, the University of Hawaii at Hilo, a working agricultural and fishing economy, and the wettest major city in the United States) and the Kona-Kohala coast on the west (the tourism and resort economy, Kailua-Kona’s cruise and airport gateway, and the Kohala resort corridor). All residential landlord-tenant matters in Hawaii County are governed by the Hawaii Residential Landlord-Tenant Code, HRS Chapter 521, and summary possession procedure under HRS Chapter 666. Eviction cases are filed in the District Court of the Third Circuit, which operates three courthouses: Hilo (Hale Kaulike), Kailua-Kona (Keahuolū Courthouse), and Waimea (South Kohala District Court). Hawaii has no statewide or county rent control. The security deposit cap is one month’s rent (§ 521-44) and must be returned within 14 days. Nonpayment of rent requires a 5-business-day written notice under § 521-68. Act 278 (effective February 5, 2026) requires landlords to participate in pre-filing mediation if the tenant requests it within 10 days of a nonpayment notice — administered on the Big Island by the Ku‘ikahi Mediation Center (East Hawaii) and the West Hawai‘i Mediation Center. The newest regulatory development is Ordinance 25-50 (Bill 47), which takes effect July 1, 2026 and requires mandatory annual registration for all short-term vacation rentals (both hosted and unhosted) on the Big Island.

Kauai Honolulu Kalawao Maui Hawaii
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📊 Hawaii County Quick Stats

County Seat Hilo — east side, UH Hilo, wettest U.S. city
Land Area ~4,028 sq mi — 63% of the entire state
County Population ~210,000 — Hawaii’s 2nd largest county
Key Employers University of Hawaii at Hilo, County of Hawaii, tourism (Kona/Kohala resorts), Hilo Medical Center, Kona Community Hospital, agriculture (coffee, macadamia, cattle), observatories on Mauna Kea
Renter Share ~35% renter-occupied
Rent Control None — Hawaii has no statewide or county rent control

⚖️ Eviction At-a-Glance

Eviction Action Summary Possession — District Court, Third Circuit
Nonpayment Notice 5 business days to pay or quit (HRS § 521-68)
Act 278 Mediation Required if tenant requests within 10 days (eff. Feb 5, 2026)
District Court — Hilo Hale Kaulike, 777 Kīlauea Ave. • (808) 961-7440
District Court — Kona Keahuolū Courthouse, 74-5451 Kamaka‘eha Ave. • (808) 322-8700
Avg Timeline 4–7 weeks start to finish

Hawaii County Local Regulations

HRS Chapter 521 governs all residential rentals in Hawaii County. There is no rent control, no fair rent commission, and no county-level tenancy notice ordinances. What sets the Big Island apart is the scale of its two-market geography (Hilo side vs. Kona side), the new Ordinance 25-50 (Bill 47) STR registration system launching July 1, 2026, the older Ordinance 2018-114 zoning-based STR framework still in effect, and the unique natural hazards including active volcanic lava zones that create disclosure obligations for landlords.

Category Details
No Rent Control Hawaii has no statewide or county rent control. Rent increases on month-to-month tenancies require 45 days’ written notice under HRS § 521-71(a).
Security Deposit Capped at one month’s rent under HRS § 521-44(b). Must be returned with an itemized written statement of deductions within 14 days after the tenant vacates. Failure forfeits the right to retain any portion. A tenant who prevails in a wrongful-withholding action may recover up to 3x the amount wrongfully withheld plus attorney’s fees.
Act 278 — Mandatory Eviction Mediation (NEW) Effective February 5, 2026 through February 4, 2028, Act 278 requires a landlord to participate in mediation before filing a nonpayment summary possession case if the tenant requests mediation within 10 days of the § 521-68 nonpayment notice. On the Big Island, mediation is administered by two community mediation centers: Ku‘ikahi Mediation Center (East Hawaii / Hilo side) and West Hawai‘i Mediation Center (Kona side). Filing before completing mediation is grounds for dismissal.
Ordinance 25-50 (Bill 47) — STR Registration (Eff. July 1, 2026) Signed into law June 23, 2025 by Mayor Kimo Alameda. Takes effect July 1, 2026 (extended from the original December 20, 2025 date because the county registration portal is still being built). Requires mandatory annual registration of every Transient Vacation Rental (TVR) on the Big Island — defined as any dwelling rented for 180 days or fewer — whether hosted or unhosted. Registration fees: $500 for unhosted, $250 for hosted. Platforms such as Airbnb and VRBO must register with the county for a $1,000 fee and submit monthly reports listing all Hawaii County listings with tax map key (TMK) and registration number. Fines for operating without registration: $1,000 to $10,000 per violation per day. Registrations expire 90 days after any change in ownership; new owners must re-register.
Ordinance 2018-114 (Bill 108) — STR Zoning Framework Still in effect alongside Bill 47. Unhosted short-term rentals are permitted only in Resort (V), Resort-Hotel, Resort Node, and certain multifamily and commercial zoning districts under HCC § 25-4-16. Unhosted TVRs outside those zones require a Non-Conforming Use certificate obtained before Bill 108’s effective date. Bill 47 layers a registration and enforcement system on top of Bill 108’s zoning rules; both must be satisfied. The practical result: landlords need to verify both zoning eligibility and Bill 47 registration status before operating a TVR anywhere on the Big Island.
Hosted TVR Requirements (New under Bill 47) For the first time, hosted TVRs (where the host lives on-site) are explicitly regulated. A hosted-TVR host must: reside on the property as the host’s principal residence (not nearby); be reachable by phone within 1 hour by a County official; and be able to be physically present on the premises within 3 hours. This rule targets the common “off-site manager” workaround used under the pre-Bill 47 framework. Hosts must be genuinely on-site and available.
Platform Liability under Bill 47 Airbnb, VRBO, and other hosting platforms are made jointly responsible for listing compliance. A platform that lists an unregistered TVR on the Big Island is subject to civil penalties. Platforms must register ($1,000), submit monthly activity reports with TMK and registration numbers, and may be held liable for hosting unregistered listings. The intent is to move enforcement upstream — platforms gate listings, not just the county chasing violators after the fact.
Lava Hazard Zone Disclosure The USGS divides the Big Island into nine Lava Hazard Zones (1 is highest risk, 9 is lowest). Zone 1 includes the summits and active rift zones of Kīlauea and Mauna Loa. Zone 2 covers much of Puna (Pahoa, Leilani Estates, the Kapoho and Lanipuna Gardens areas), which experienced a major 2018 Kīlauea eruption that destroyed approximately 700 homes and reshaped the coastline. Landlords of properties in Lava Zones 1 or 2 should disclose the zone classification to prospective tenants. Insurance coverage in these zones is limited and expensive, and tenants should know what they are renting.
Tsunami and Flood Zone Disclosure Hilo’s coastal areas have a long history of catastrophic tsunamis (1946, 1960) with downtown Hilo rebuilt following major loss of life. Tsunami evacuation zones cover significant portions of coastal Hilo, Kona, and Kohala. Flood zones apply in both coastal and interior lowlands. Properties within Tsunami Evacuation Zones (TEZ) and FEMA Special Flood Hazard Areas should be disclosed to tenants.
Required Disclosures At or before lease commencement: (1) name and address of landlord or authorized agent for service of process (HRS § 521-43(a)(1)); (2) name and address of any on-site manager (§ 521-43(a)(2)); (3) general excise tax (GE) number (§ 521-43(a)(3)); (4) lead-based paint disclosure for pre-1978 properties (federal); (5) lava hazard zone, tsunami evacuation zone, and flood zone disclosures as applicable. Failure to disclose under § 521-43, after 10 days’ tenant demand, triggers $100 plus attorney’s fees (§ 521-67).
STR Tax Burden (~18%) Short-term rentals on the Big Island pay: (1) General Excise Tax (GET) at 4.0% of gross rental income (Hawaii County does not currently add a county GET surcharge); (2) State Transient Accommodations Tax (TAT) at 11% (increased from 10.25% on January 1, 2026); and (3) the Hawaii County Transient Accommodations Tax (HCTAT) surcharge of 3%. Combined, approximately 18% of gross TVR proceeds.
Agricultural Land TVRs Bill 47 explicitly does not address TVRs on Agricultural-zoned (Ag) properties. An economic study requested by the Planning Commissions has been released, and the likely long-term direction is to eliminate hosted rentals on Ag-zoned properties and require special permits for continuing use. If you own or are considering a Big Island Ag property being used as a TVR, track this closely — further restriction is anticipated but not yet enacted.
Self-Help Eviction Prohibited Hawaii law (HRS § 521-63) strictly prohibits self-help eviction. Changing locks, shutting off utilities, or removing a tenant’s belongings without a court order exposes the landlord to recovery by the tenant of up to 2 months’ rent or 2 months’ free occupancy, plus reasonable attorney’s fees and injunctive relief.
Two-Market County Structure Hawaii County is effectively two rental markets with limited overlap. The Hilo side (Puna, Hilo, Hamakua) is wet, agricultural, university-centered, lower cost, and long-term-rental dominated. The Kona-Kohala side (Kona, Kohala, parts of Ka‘u) is dry, resort-centered, tourism-dominated, and TVR-heavy. Communities rarely commute between sides; the 2-hour drive between Hilo and Kona is effectively a cross-state trip. Landlord practices, rents, and tenant expectations differ meaningfully between the two sides.

Last verified: 2026-04-16

🏛️ District Court, Third Circuit

Hilo: Hale Kaulike, 777 Kīlauea Avenue, Hilo 96720 • (808) 961-7440
Kona: Keahuolū Courthouse, 74-5451 Kamaka‘eha Ave., Kailua-Kona 96740 • (808) 322-8700
Waimea: South Kohala District Court, 67-5187 Kamāmalu St., Kamuela 96743 • (808) 443-2030
File in the division covering the property location.

🏛️ Courthouse Information and Locations for Hawaii

💰 Eviction Cost Snapshot

Typical fees for a Hawaii County eviction

💰 Eviction Costs: Hawaii
Filing Fee 155
Total Est. Range $250-$700
Service: — Writ: —

Hawaii Eviction Laws

State statutes that apply throughout Hawaii County

⚡ Quick Overview

5
Days Notice (Nonpayment)
10
Days Notice (Violation)
30-60
Avg Total Days
$155
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 5-Day Notice to Pay or Quit
Notice Period 5 days
Tenant Can Cure? Yes
Days to Hearing 12-21 days
Days to Writ 5-10 days
Total Estimated Timeline 30-60 days
Total Estimated Cost $250-$700
⚠️ Watch Out

Hawaii is very tenant-friendly. Courts often favor mediation. 5-day notice period is business days. Landlord must accept full payment during notice period.

Underground Landlord

📝 Hawaii Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the District Court. Pay the filing fee (~$155).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Hawaii eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Hawaii attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: Hawaii landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Hawaii — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Hawaii's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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🏙️ Communities in Hawaii County

Towns and districts on the Big Island

Hilo
Kailua-Kona
Waimea (Kamuela)
Waikoloa
Pahoa
Kea‘au
Volcano
Captain Cook
Kealakekua
Honoka‘a
Na‘alehu
Hawi / Kapa‘au
Laupahoehoe
Hawaii County

The Big Island — Two Markets, One Jurisdiction, Lava Country

No rent control. ~35% renter-occupied. 5-business-day pay-or-quit. 14-day deposit return. 1-month deposit cap. Act 278 mediation (Feb 2026). Bill 47 (Ordinance 25-50) TVR registration mandatory July 1, 2026 — hosted $250, unhosted $500. Bill 108 zoning still applies. Lava Hazard Zone disclosures for Zones 1–2 (Puna). Two-market structure: Hilo (long-term, university, agricultural) vs. Kona-Kohala (resort, TVR-heavy). File Third Circuit District Court in Hilo, Kona, or Waimea.

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Hawaii County Landlord Guide: Two Markets Separated by Volcanoes, Bill 47’s Incoming Registration System, and the Unique Hazards of Lava Country

Hawaii County is unlike any other Hawaii county and unlike most counties anywhere in the United States. It comprises a single island that is larger than the other seven main Hawaiian Islands combined, encompasses nearly every climate zone on earth (from alpine tundra atop Mauna Kea to tropical rainforest in Hilo to semi-arid grassland in Waimea to desert in Ka‘u), contains two of the world’s most active volcanoes, and supports two distinct economic centers separated by a 2-hour drive over or around those volcanoes. Any useful discussion of Big Island landlord practice has to start by acknowledging that Hilo-side operators and Kona-side operators are essentially working in different markets under the same county ordinances.

The Hilo Side: Long-Term Rentals, UH Hilo, and Agriculture

Hilo is the county seat, home to the University of Hawaii at Hilo (approximately 3,000 students, with particular strength in Hawaiian language and culture, astronomy, and tropical agriculture), the region’s primary hospital (Hilo Medical Center), the county courthouse (Hale Kaulike), the commercial port, and the east-side transportation hub of Hilo International Airport. The Hilo rental market is driven by: university students and staff (concentrated in Kea‘au, Hilo town, and Waiakea); agricultural workers and small farmers in Puna, Hamakua, and the Hilo-adjacent ag corridor; healthcare and government employees; astronomers and support staff associated with the Mauna Kea observatories; and Native Hawaiian families living on homestead lands throughout the east side. Rents are substantially lower than the Kona side and dramatically lower than Oahu. The economy is less tourism-dependent, and the tenant base skews toward long-term stability. Habitability issues specific to Hilo’s extreme rainfall (around 130 inches annually in town, more in windward valleys) include mold management, tropical pest control, and roofing maintenance — recurring themes in Hilo habitability complaints.

The Kona-Kohala Side: Resort Tourism and the TVR Economy

West Hawaii is a different world. The leeward side of the island — extending from Ka‘u in the south through South Kona, North Kona, and the Kohala coast — receives a fraction of the rainfall, features white-sand beaches and resort infrastructure, and is the center of the Big Island’s tourism economy. Kailua-Kona is the commercial hub, with the Ellison Onizuka Kona International Airport at Keāhole serving as the county’s primary visitor arrival point. The Kohala coast hosts the island’s major resort developments: the Fairmont Orchid, the Mauna Lani, the Hapuna Beach Resort, the Four Seasons Hualalai, and the Waikoloa Beach Resort complex. Kohala also hosts significant concentrations of wealthy non-resident homeowners. The rental market here skews heavily toward short-term vacation rentals serving the visitor economy, with over 4,700 active STRs tracked in Kailua-Kona alone. Long-term rentals in Kona and Kohala tend to serve resort workers, who often commute in from lower-cost areas like Waikoloa Village, Kealakekua, and further south in Ka‘u. Rents on the Kona side are meaningfully higher than on the Hilo side, reflecting both tourism demand pressure on the housing stock and the general cost of West Hawaii living.

Ordinance 2018-114 (Bill 108): The First STR Framework

Hawaii County first regulated short-term vacation rentals with Bill 108, adopted as Ordinance 2018-114. Bill 108 took a zoning-based approach: unhosted TVRs are lawful only in Resort (V), Resort-Hotel, Resort Node, certain commercial zones, and certain multifamily zones identified in HCC § 25-4-16. Properties located outside those zones can operate as unhosted TVRs only if they hold a Non-Conforming Use certificate issued before the ordinance’s effective date. Hosted TVRs — where the host lives on the property as their principal residence — were largely unregulated. That created a persistent enforcement gap because hosted operations dominated Big Island TVR inventory, particularly in Puna and on Ag-zoned properties. The 2018 framework was narrow by design and left a lot of the market unaddressed.

Ordinance 25-50 (Bill 47): The Coming Registration System

Bill 47, now Ordinance 25-50, was signed into law by Mayor Kimo Alameda on June 23, 2025. It was originally set to take effect December 20, 2025, but was extended to July 1, 2026 because the county’s registration portal is still being built. When it takes effect, Bill 47 will require every Big Island TVR — hosted or unhosted, in any zone — to register annually with the county. Registration fees are $500 for unhosted rentals and $250 for hosted rentals. Hosting platforms (Airbnb, VRBO, and similar) must separately register ($1,000), submit monthly reports listing every Big Island TVR they list with the tax map key and county registration number, and take compliance responsibility for their listings. Fines for operating without registration range from $1,000 to $10,000 per violation per day — a severe penalty structure that was deliberately designed to force compliance. Owners should expect to register as soon as the portal goes live; the cost of non-compliance is structured to quickly exceed the cost of compliance.

For hosted rentals, Bill 47 introduces genuinely novel requirements. The host must reside on the property as their principal residence (not in a nearby unit or a different island), must be reachable by phone within 1 hour by a county official, and must be able to be physically present at the property within 3 hours. This is targeted at closing the “ghost host” loophole where owners claimed hosted status while actually operating from off-island. Bill 47 also explicitly does not address Ag-zoned TVRs — but an economic study commissioned by the Planning Commissions suggests future tightening, potentially eliminating hosted rentals on Ag land and requiring special permits. If you own Ag-zoned property used for TVR, this is a second-order risk to track.

Lava Hazard Zones and Landlord Disclosure Obligations

The Big Island is the only U.S. county where active volcanism is a continuous, not theoretical, part of the landlord-tenant conversation. Kīlauea has been in eruptive phases for most of the past 40 years, and Mauna Loa erupted most recently in late 2022 after decades of quiet. In 2018, Kīlauea’s lower East Rift Zone eruption destroyed approximately 700 homes in lower Puna — including the Leilani Estates, Lanipuna Gardens, and Kapoho communities — and permanently reshaped the coastline. The USGS divides the island into nine Lava Hazard Zones, with Zone 1 being the highest risk (the active rift zones and summits) and Zone 9 being the lowest (the oldest surfaces on Kohala volcano). Zones 1 and 2 cover much of Puna (Pahoa, Leilani, Kapoho) and parts of Ka‘u and southern Kona. Insurance coverage in Zones 1 and 2 is limited, expensive, or unavailable — many lava-zone properties do not qualify for standard homeowner’s insurance and operate under the Hawaii Property Insurance Association (HPIA) state-run pool.

While Hawaii law does not yet impose an explicit statutory lava-zone disclosure requirement on residential landlords, prudent practice on the Big Island is to disclose the lava zone classification in the lease and to confirm the tenant understands the risk. A Puna-area landlord whose property sits in Lava Zone 1 or 2 should document the disclosure and make sure the tenant’s renter’s insurance addresses the exposure — or, at minimum, that the tenant understands that standard policies typically do not cover volcanic eruption damage.

Tsunami and Flooding Risks — Hilo

Hilo has suffered some of the most catastrophic tsunamis in U.S. history, including the 1946 Aleutian-generated tsunami (159 deaths in Hilo) and the 1960 Chilean tsunami (61 deaths). Downtown Hilo was substantially rebuilt after 1960 with tsunami-aware zoning: the low-lying flats along Hilo Bay are primarily commercial and park, with residential concentrated at higher elevations. Landlords of properties within the Tsunami Evacuation Zone (TEZ) — which covers significant portions of coastal Hilo, Kona, and Kohala — should disclose the TEZ designation. Annual tsunami-readiness drills and warning sirens are a normal part of Big Island life; tenants unfamiliar with the islands may not know how the system works.

District Court of the Third Circuit

Hawaii County summary possession actions file in the District Court of the Third Circuit at the location covering the property’s division. The Hilo courthouse (Hale Kaulike, 777 Kīlauea Avenue, Hilo, (808) 961-7440) handles North and South Hilo and Puna divisions — Hilo, Papa‘ikou, Kea‘au, Mountain View, Volcano, Pahoa. The Kona courthouse (Keahuolū Courthouse, 74-5451 Kamaka‘eha Avenue, Kailua-Kona, (808) 322-8700) handles North and South Kona and Ka‘u — Kailua-Kona, Holualoa, Captain Cook, Kealakekua, Na‘alehu. The Waimea courthouse (South Kohala District Court, 67-5187 Kamāmalu Street, Kamuela, (808) 443-2030) handles South Kohala, North Kohala, and Hamakua — Waimea, Waikoloa, Hawi, Kapa‘au, Honoka‘a, Laupahoehoe. File in the division covering the property location. Total timeline for an uncontested Big Island nonpayment eviction from the 5-business-day notice through sheriff execution of a Writ of Possession typically runs 4 to 7 weeks — similar to Kauai and faster than Honolulu.

Other Hawaii Counties

← View All Hawaii Landlord-Tenant Law

Disclaimer: This page provides general information about landlord-tenant law in Hawaii County, Hawaii (the Big Island) and is not legal advice. Ordinance 25-50 (Bill 47) takes effect July 1, 2026 and the county registration portal is under active development; verify current registration requirements with the Hawaii County Planning Department before operating a short-term rental. Always verify current requirements with the District Court of the Third Circuit, the Hawaii County Planning Department, or a licensed Hawaii attorney before taking legal action. Last updated: April 2026.

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