Hawaii Landlord Code
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Rent prices in Hawaii average around $2,000, with studios averaging around $1,400 on Oahu and one-bedroom apartments averaging around $1,900 in Honolulu. How much does rent cost in Kaneohe? A two-bedroom home averages around $2,500.
Rents in Hawaii are among the highest in the United States, so it’s no surprise that many Hawaii residents would be looking to become landlords. While others will be looking to rent a piece of paradise to enjoy all the beauty of Hawaii and aloha. Besides the business aspect, renting in Hawaii can also be an opportunity to build good relationships between landlords and tenants.
The spirit of aloha often permeates Hawaiian homes and extends beyond even the landlord-tenant relationship. Often in Hawaii, landlords and tenants become close friends, even family members, as living together is part of the Hawaiian culture.
However, there are times when the aloha spirit does not enter into a rental relationship. Therefore, if you are planning to rent in Hawaii as a tenant or landlord, it is important to know that there are certain laws that help protect both parties.
What are the rental laws in Hawaii?
The Hawaii Residential Landlord Code is the name of Chapter 521 of the Hawaii Revised Statutes (HRS) , which governs rental laws in Hawaii. The Code includes information on leases, security deposits, repairs, lockouts, termination of lease/lease agreements, landlord and tenant obligations, and landlord and tenant remedies.
Tenant Rights in Hawaii
In Hawaii, there are certain items that a tenant must expect when renting real estate, which are defined in Code Sections 41 and 42 as obligations of the landlord. Here are some of the main points regarding tenants’ rights in Hawaii:
Moving
The premises must be ready for occupancy by the tenant within the agreed time frame and in the condition that was agreed upon. If the apartment is not ready for a tenant to move in, the tenant has the right to refuse to pay rent for the time during which he is unable to move in, terminate the lease, and/or recover any damages associated with finding alternative housing.
Lease agreements and rent payments
If there is a written agreement, the landlord must give a copy of it to the tenant. The tenant has the right to obtain in writing the name and address of the owner or his representative. If the owner is absent, the owner must appoint an agent residing on the same island as the tenant to act on behalf of the landlord. The tenant has the right to receive a receipt for all rent paid. The tenant has the right to terminate the lease and vacate the property during the first week of occupancy if the tenant’s conditions are not met. The tenant may terminate the contract and vacate the lease at any time if there is an immediate threat to the health or safety of the tenant.
Rental conditions and repairs
The rental must be safe and healthy, meaning there must be no insects, mold or fire hazards. All electrical, plumbing and other rental equipment must be in good condition. The tenant must have running water supplied. Please note that the landlord has the right to make repairs. The tenant must notify the landlord of any necessary repairs, and the landlord must begin those repairs within 12 business days, unless there are «causes beyond the landlord’s control» in which the landlord must notify the tenant of the reason for the delay. Appliance or plumbing repairs must begin within three days after the tenant notifies the landlord. The tenant has the right to make repairs if the landlord fails to make them, and the tenant can deduct up to $500 from the next month’s rent by providing copies of receipts to the landlord. Trash should be picked up regularly and the resident should be provided with a trash can unless they are renting a single-family home.
Entrance to rental unit
The landlord must give the tenant at least two days’ notice before entering the rental premises, and the landlord may only enter during reasonable hours. However, in the event of an emergency, the landlord may enter without prior notice. If the landlord enters without permission, the landlord is responsible for any theft or damage; In addition, the tenant has the right to terminate the lease or seek a fine of not more than $100 if the landlord continues to request entry without a valid reason.
Locks
In Hawaii, a landlord cannot evict a tenant from an apartment without cause or by court order. In this case, the tenant can terminate the lease or return the rent. In any case, if the landlord does not allow the tenant into his home, the tenant is entitled to receive up to two months’ rent — either payment or rent-free — and the cost of the lawsuit.
Voting Announcements
A tenant may post a sign or other advertisement encouraging voters to vote for or against a particular person or issue, as long as it complies with building and housing regulations.
Like tenants, landlords also have certain rights and can expect certain things from their tenants. Here are the main provisions of the Code:
Unit Maintenance The tenant and the tenant’s family and friends are responsible for keeping the premises clean, healthy and safe, which includes disposing of trash and proper use of plumbing fixtures and appliances.
If the rental property is not kept in satisfactory condition, the landlord has the right to advise the tenant in writing of a time limit after which the problem(s) must be corrected.
If the problem is not corrected as stated in writing, the landlord may terminate the lease, sue to evict the tenant, or correct the problem by billing the tenant for the costs. The tenant must notify the landlord of any necessary repairs, and the landlord has the right to make repairs to maintain the property.
Rules and Leases The landlord has the right to give the tenant rules when entering into a lease, which must be clear enough to be understood. These rules can protect a landlord’s property from misuse (i.e., locking the gate) and promote equality of services and amenities among all tenants (i.e., using the washer and dryer only at certain times).
The landlord has the right to terminate the lease if the tenant uses the property for something other than his home, unless that other use is specified in the lease. If the tenant decides that he does not want to move in after signing the lease, the landlord has the right to withhold any money deposited with the landlord, one month’s rent, and the amount of the daily rent for the period to re-rent the apartment plus a commission. If the tenant abandons the tenancy without proper notice, the landlord has the right to collect rent for the remainder of the term and charge daily rent for the period of re-renting the premises plus a commission.
Security Deposit and Rent Receipt In Hawaii, a landlord may receive a security deposit equal to one month’s rent; however, it must be returned to the tenant 14 days after the lease is terminated, unless there is a legal basis for retaining the deposit, such as repairs with receipts. A landlord in Hawaii has the right to receive the agreed upon rent on time.
A landlord can terminate a tenancy five days after not receiving rent if he gives notice on the first day it was due. The landlord has the right to increase the rent four months or more before the due date of the rent increase if there is an increase in taxes or operating costs, major renovations to the unit, or a rent increase comparable to other units in the area.
Enter the apartment/house
If the tenant is absent for a continuous period of more than 20 days, the tenant must inform the landlord. If the tenant fails to notify the landlord of his absence and fails to pay rent, the landlord has the right to terminate the lease. The landlord may also enter the apartment during an extended absence for security, inspection, maintenance and showings.
With at least two days’ notice, the landlord has the right to enter the tenancy for inspection, repair or demonstration to potential buyers or tenants. In emergency cases such as fire, weather damage, abandonment or long absence, the landlord may enter without two days notice. If the tenant does not allow the landlord to enter, the landlord has the right to hold the tenant liable for any damages incurred by his refusal.
What should I do if I have a problem with my landlord?
The above are some of the main points of the Hawaii Landlord Landlord Code. However, if you have additional questions or need assistance, call the Hawaii Landlord Tenant Hotline at 808-586-2634.
The Hawaii Department of Commerce and Consumer Affairs staff operates the Landlord/Tenant Information Center from 8:00 a.m. to noon, Monday through Friday, excluding state holidays. They can help clarify any information contained in the Hawaii Landlord/Tenant Code.
If your tenant or landlord is not complying with your rental rights in Hawaii, the following steps can be taken to resolve any problems: Once you know your rights, discuss the problem directly with your landlord, property manager, or tenant.
Give people the benefit of the doubt and try to resolve problems through friendly communication before resorting to more extreme measures.
Take good notes and try to get things in writing if possible in case you can’t resolve the issue through open communication.
If informal discussions lead to any resolution, you may choose to participate in mediation or another form of dispute resolution with an outside party. This can help save time and money before going to court. In fact, the judge will often refer landlord/tenant issues to a mediator before trying them in court.
If direct conversations and mediation don’t work, you may have to take legal action. Disputes regarding security deposits will be brought to small claims court. Landlords can file lawsuits against tenants in district court.
If you go to court, provide as much hard evidence as possible: contracts, canceled checks, receipts, photographs and/or written correspondence. While everyone hopes for an ideal landlord-tenant relationship filled with aloha and a peaceful life, it is also encouraging to know that there are certain rights for tenants and landlords in Hawaii that can help establish a basic understanding should any conflicts arise. For more information, contact the Hawaii Landlord Hotline or an attorney.