Hawaii Lease Agreement Review
Signing a rental lease in Hawaii? The clauses that decide your money and your privacy, the security deposit, landlord entry, habitability, and late fees, are governed by Hawaii law, and some common lease terms are unenforceable here. Here is how Hawaii treats each, and what ClauseAudit checks before you sign.
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.
Before you sign, check the deposit against the Hawaii limit above, 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 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 2025, 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.
How much notice must a landlord give before entering in Hawaii?
48 hours. 7 jurisdictions use the same period. A lease that allows entry on shorter notice, or on no notice at all, is inconsistent with that, and emergencies are usually treated separately.
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.
Have a Hawaii lease to sign?
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Hawaii landlord-tenant figures summarized as of 2025; deposit caps and entry rules change, and localities may add their own. This is AI-assisted 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.