Hawaii Lease Agreement Review
Hawaii's Residential Landlord-Tenant Code, HRS Chapter 521, keeps landlords on short deadlines. Deposits come back in two weeks, rent increases on month-to-month tenancies need 45 days' written notice, and late fees are capped at 8% of rent. With some of the highest rents in the country, the repair-and-deduct limit is pegged to rent rather than a small flat figure, which gives it real weight in Honolulu.
Security deposit
1 month (plus a separate 1-month pet deposit)
Entry notice
48 hours
Security deposits in Hawaii
Hawaii caps the security deposit at one month’s rent, allows a separate one-month pet deposit, and requires 48 hours’ notice before entry.
Hawaii lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Hawaii
Hawaii generally requires 48 hours of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in Hawaii
Like nearly every state, Hawaii recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
What is Hawaii's deposit return deadline?
HRS 521-44 gives the landlord 14 days after the rental agreement ends to return the deposit or send written notice of what is kept and why, with supporting evidence such as invoices or receipts, so a bare list of numbers is not enough. A mailing postmarked before midnight on day 14 is on time. Miss the deadline and the landlord loses the right to keep any of it. Wrongful and willful retention can cost up to three times the amount kept. Disputes go to small claims court, where neither side may use an attorney, within one year.
Can Hawaii tenants repair and deduct?
Yes. Under HRS 521-64, after written notice of a defect the landlord must begin repairs within 12 business days, or within three business days for electrical, plumbing or other essential facilities. If not, you may make the repair and deduct up to $1,000 or one month's rent, whichever is greater, with receipts. Total charges cannot exceed three months' rent in any six-month period, and conditions you caused are excluded.
Rent increases and late fees
For month-to-month tenancies, HRS 521-21 requires written notice 45 consecutive days before rent goes up, and any late charge in the lease cannot exceed 8% of the rent due. A late charge applies only if the rental agreement provides for one.
Hawaii sources checked 2026-10-09: HRS 521-44 (FindLaw) · HRS 521-64 (FindLaw) · HRS 521-21 (FindLaw). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Hawaii lease
- Security deposit vs the Hawaii limit, and the return terms
- Landlord entry notice against Hawaii requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Hawaii lease FAQ
How much can a landlord charge for a security deposit in Hawaii?
As of October 2026, the security-deposit rule in Hawaii is: 1 month (plus a separate 1-month pet deposit). Hawaii caps the security deposit at one month’s rent, allows a separate one-month pet deposit, and requires 48 hours’ notice before entry. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Hawaii law when you run your lease.
How much notice must a landlord give before entering in Hawaii?
In Hawaii, a landlord generally must give 48 hours before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a Hawaii lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Hawaii lease; it does not override your rights.
How much can a landlord charge as a security deposit in Hawaii?
Hawaii caps it: 1 month (plus a separate 1-month pet deposit). Hawaii caps the security deposit at one month’s rent, allows a separate one-month pet deposit, and requires 48 hours’ notice before entry. That figure is unusual, shared with no other jurisdiction in this dataset. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Is there anything specific to Hawaii tenants should know?
Hawaii caps the security deposit at one month’s rent, allows a separate one-month pet deposit, and requires 48 hours’ notice before entry. Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Does a Hawaii pet deposit count against the one-month cap?
No, but it has its own limit. HRS 521-44 allows a separate pet deposit, agreed by both sides, of up to one month's rent. It cannot be required from a tenant without a pet, and a landlord cannot charge it for an assistance animal that is a reasonable accommodation for a disability.
How much notice before a rent increase in Hawaii?
For a month-to-month tenancy, HRS 521-21 requires written notice given 45 consecutive days before the increase takes effect. A shorter notice does not meet the statute. If you have a fixed-term lease, check it for any agreed rent changes, and note that the same section caps late charges at 8% of the rent due.
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Hawaii landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Hawaii law when you run your lease, and you should confirm anything critical with a qualified Hawaii attorney.