Hawaii Landlord Tenant code

The Hawaii Landlord-Tenant Code was designed to protect both Landlords and Tenants. It sets forth a specific set of rules and regulations, which both must abide by.

Protection for Tenants

  • 2 day notice of entry
  • Maximum of one months security deposit
  • Owner to maintain property
  • No lockouts or shut down of services
  • Notice required to increase rent
Protection for Landlords
  • Tenant to maintain property
  • Tenant must allow reasonable access
  • Eviction for failure to pay rent
  • Tenant may not use deposit as last months rent
Types of Agreements
  • Fixed Lease (Sets obligations of both parties for a fixed period of time.)
  • Month to Month (Either party may break lease with proper notice.  Fixed leases, if not renewed, convert to a month to month should the tenant remain in the unit with, or without, written consent.  Oral leases are also considered month to month leases.
  • Week to Week (Generally used for Transient tenants)
Obligations

Each type of Lease imposed specific rules and regulations for both the Tenant and the Landlord, especially when it come to Termination of the lease and rent increases.

Termination
  • Fixed lease (No early termination by either the Owner/landlord or Tenant. However, if either party does not intend to renew the lease, Notice is  recommended.)
  • Month to Month (Requires a 45 day notice from owner, or a 28 day notice from Tenant.)
  • Week to Week (10 day notice by either party)
Rent Increase
  • Fixed lease (Rent cannot be increased until renewal of lease)
  • Month to Month (45 day written notice to Tenant)
  • Week to Week (15 day notice to Tenant)
Pets

If pets are allowed in unit. Landlord may require an additional deposit, up to one months rent for pets. Generally a pet addendum is added to lease and Tenant is fully responsible for all damages caused by pets.

Return of Deposits

Deposit monies must be returned to Tenant within 14 days of termination of lease, less amounts deducted for cleaning, damages, outstanding charges and unpaid rent.  Should the landlord fail to refund the balance of the Security Deposit within the 14 day period, the tenant is then entitled to a full refund of their deposit money.

A complete set of rules can be had through the DCCA at:  LANDLORD TENANT CODE

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