Tenant Rights & Responsibilities: A Guide to the Hawaii Landlord-Tenant Code

In Hawaii, the relationship between a landlord and a tenant isn’t just a handshake deal—it is governed by a specific and rigorous set of laws known as the Hawaii Residential Landlord-Tenant Code (Chapter 521).

Whether you are renting a studio in Waikiki, a single-family home in Hilo, or an affordable unit on Maui, strictly following these rules is the only way to protect your money and your home. Many tenants are unaware, for example, that their landlord cannot just show up unannounced, or that there is a strict 14-day deadline for returning a security deposit.

At HAPI, we believe that good management starts with education. Here is your comprehensive, plain-English guide to your rights and responsibilities in 2026.

The Security Deposit: The Strict “14-Day Rule”

The most common source of disputes in Hawaii Small Claims Court.

The security deposit is your money, held in trust by the landlord to cover potential damages. Unlike some mainland states that give landlords 30 or 60 days to return funds, Hawaii law (HRS § 521-44) is incredibly strict.

• The Cap: A landlord cannot charge more than one month’s rent for a security deposit. However, they can charge an additional “Pet Deposit” (if allowed by the lease), which can also be up to one month’s rent.
• The “14-Day” Deadline: This is the most critical rule. The landlord must return your deposit (minus legitimate deductions) within 14 calendar days after you move out and return the keys.
• The Itemization Requirement: If the landlord keeps any money for cleaning or repairs, they must provide a written, itemized list of deductions along with copies of receipts or estimates. They cannot just list “cleaning – $500” without proof.
  
• The Penalty: If the landlord fails to provide the written notice or refund within 14 days, they generally forfeit the right to keep ANY of the deposit, regardless of whether you damaged the unit. You can legally sue them for the full amount plus potential damages.

Who Fixes What? (Repairs & Maintenance)

Understanding the “Implied Warranty of Habitability.”

Under HRS § 521-42, landlords have a legal duty to keep the property in a “habitable” condition. This isn’t just about comfort; it’s about basic health and safety standards.

• Landlord’s Responsibility: Structural repairs (roof, walls), plumbing, electrical systems, pest control (if it’s a building-wide infestation), and maintaining all appliances provided in the lease (refrigerator, stove, water heater).
• Tenant’s Responsibility: Keeping the unit clean, disposing of trash properly to prevent bugs, and fixing damage caused by your negligence (e.g., a broken window from a thrown ball or a clogged toilet from flushing wipes).
• The “Withholding Rent” Myth: If a landlord fails to fix a critical issue, do not just stop paying rent. This is the fastest way to get evicted. Hawaii law provides a specific remedy where you can pay for the repair yourself (up to $500) and deduct it from the rent, but you must follow a strict notification timeline (usually giving the landlord 12 business days to fix it first). Always consult the Legal Aid Society of Hawaii before attempting to withhold any funds.

[New for 2026] Maui Eviction Mediation (Act 202)

Specific rules for Maui County residents.

Following the wildfires, Maui has implemented stricter eviction protections that differ from Oahu. Under Act 202, landlords in Maui County generally cannot jump straight to eviction court for non-payment cases.

• Mandatory Mediation: Landlords must usually offer mediation before filing for eviction. This gives tenants a chance to negotiate a payment plan or exit strategy with a neutral third party.
• The Timeline: This law is active through February 2026. If you receive an eviction notice on Maui, check immediately to see if it includes the required mediation information. If it doesn’t, the notice may be invalid.