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Hawaii Landlord-Tenant Law 2026: The Complete Handbook
Deposits capped at 1 month with a 14-day return deadline. Late fees capped at 8% of rent. 48-hour entry notice. Every Hawaii landlord rule with exact statutes.
Quick answer
Hawaiilate fee & security deposit rules (2026)
In Hawaii, a landlord's late fee is capped by statute at 8% of the monthly rent, and no grace period is required by state law. Security deposits are limited to 1x rent and must be returned within 14 calendar days of move-out.
- Late fee cap: 8% of the monthly rent
- Grace period: None required by state law
- Max security deposit: 1x rent
- Deposit return deadline: 14 calendar days after move-out
- Deposit escrow: Not required
- Statutes: Haw. Rev. Stat. § 521-21(f) · Haw. Rev. Stat. § 521-44
Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Hawaii-specific rules — security deposit deadlines, required disclosures, late fee limits, and eviction notice requirements — automatically enforced for every Hawaii property.
Hawaii's landlord-tenant relationship is governed by Chapter 521 of the Hawaii Revised Statutes. Hawaii is one of the more tenant-protective states: deposits are capped at one month, late fees have a hard statutory cap, and entry requires two full days of notice. Here's everything you need to know.
Security deposits in Hawaii
| Rule | Hawaii Law |
|---|---|
| Maximum deposit | 1 month's rent (Haw. Rev. Stat. § 521-44) |
| Return deadline | 14 days after move-out |
| Escrow required? | No |
| Interest required? | No |
| Itemized deductions? | Yes — written itemization required (Haw. Rev. Stat. § 521-44) |
| Pet deposit allowed? | Yes (separate from the security deposit) |
Key details:
- The security deposit is capped at one month's rent (Haw. Rev. Stat. § 521-44)
- You must return the deposit — or an itemized statement of deductions — within 14 days after the tenant vacates. That's one of the shortest deadlines in the country, so start the move-out inspection immediately
- A pet deposit may be charged separately from the security deposit
- No escrow account and no interest payments are required by statute
> Check your deposit: Use our Hawaii security deposit calculator to confirm your deposit is within the one-month cap and to track the 14-day return deadline.
Eviction process in Hawaii
Hawaii eviction follows a strict legal process. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.
Step 1: Serve proper notice
| Reason | Notice Period | Notice Type |
|---|---|---|
| Nonpayment of rent | 5 business days | 5-Day Notice to Pay Rent or Quit (Haw. Rev. Stat. § 521-68) |
| Month-to-month termination | 45 days | Notice to Vacate (Haw. Rev. Stat. § 521-71) |
Important: Hawaii's 5-day nonpayment notice is counted in business days — weekends and holidays don't count. The tenant has the right to cure: if they pay the full amount owed within the notice period, the tenancy continues (Haw. Rev. Stat. § 521-68).
Step 2: File in court
If the tenant doesn't pay or vacate by the deadline, file an eviction action in the district court where the property is located.
Step 3: Court hearing
Both parties present their case. Bring your lease, the notice with proof of service, and the payment ledger.
Step 4: Writ of possession
If the court rules in your favor, a writ of possession is issued and law enforcement carries out the physical eviction. Never remove a tenant yourself.
Late fees in Hawaii
| Rule | Hawaii Law |
|---|---|
| Grace period | Not required by statute |
| Maximum fee | 8% of the monthly rent (Haw. Rev. Stat. § 521-21(f)) |
| Must be in lease? | Yes |
| Daily fees allowed? | No |
> Calculate your late fee: Use our Hawaii late fee calculator to check if your proposed fee is compliant with Hawaii law. Also try our prorated rent calculator for move-in/move-out calculations and rent estimate tool to see if your rent is at market rate.
Hawaii has a hard statutory cap: the late fee may not exceed 8% of the monthly rent, and the cap is measured against the full monthly rent, not the amount past due (Haw. Rev. Stat. § 521-21(f)). On $2,500 rent, the maximum late fee is $200. There is no statutory grace period, but the fee must be authorized in the lease.
Landlord entry in Hawaii
| Rule | Hawaii Law |
|---|---|
| Notice required? | Yes |
| Minimum notice period | 48 hours (Haw. Rev. Stat. § 521-53) |
| Emergency exceptions | Yes — emergencies permit entry without notice |
Hawaii requires 48 hours' notice before non-emergency entry — twice the 24-hour standard in most states. Put your entry procedure in the lease and document each notice.
Required disclosures in Hawaii
Hawaii landlords must disclose the following before or at lease signing:
- Lead paint disclosure — for properties built before 1978, disclose known lead-based paint hazards and provide the EPA "Protect Your Family From Lead in Your Home" pamphlet (federal requirement)
- General excise tax (GET) number — the landlord must provide the GET number to all tenants so they can file for the low-income renters' tax credit under HRS § 235-55.7 (Haw. Rev. Stat. § 521-43(h))
- Landlord/agent identity — disclose the name and address of the owner and any agent. Owners who live out of state or on another island must designate an on-island agent (Haw. Rev. Stat. § 521-43)
- No rent control — Hawaii has no statewide rent control
- 45 days' notice is required to terminate a month-to-month tenancy (Haw. Rev. Stat. § 521-71), which effectively sets the minimum runway for a rent increase on a month-to-month tenancy
- Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
- There is no cap on the amount of a rent increase
- Maintain the property in habitable condition and comply with applicable building and housing codes
- Keep structural components, plumbing, electrical, and supplied appliances in good working order
- Maintain common areas
- Make repairs within a reasonable time after notice — Tenby's compliance data tracks a 14-day repair window for Hawaii properties
- Keep the unit clean and sanitary
- Use systems, fixtures, and appliances reasonably
- Not damage the premises or disturb neighbors
- Notify the landlord of needed repairs promptly
- Habitable housing — the landlord must maintain the premises
- Withhold rent — Hawaii law permits rent withholding when the landlord fails to meet habitability obligations (Haw. Rev. Stat. § 521-78)
- Repair and deduct — tenants may make certain repairs and deduct the cost when the landlord fails to act (Haw. Rev. Stat. § 521-64)
- Right to cure nonpayment — paying in full within the 5-business-day notice period ends the eviction (Haw. Rev. Stat. § 521-68)
- 48-hour entry notice — before non-emergency landlord entry (Haw. Rev. Stat. § 521-53)
- Source-of-income protection — Hawaii prohibits discrimination based on source of income in housing (Haw. Rev. Stat. § 515-3), so you cannot reject an applicant simply for using a voucher
- Deposit protections — one-month cap, itemized deductions, and the 14-day return deadline
- Domestic violence protections — under federal VAWA, tenants in certain federally subsidized housing have additional protections
- 14-day deposit return tracking with countdown alerts — the tightest deadline in this handbook series
- One-month deposit cap enforced at lease creation
- 8% late fee cap automatically applied to every late fee
- 48-hour entry notice tracking with delivery confirmation
- 5-business-day eviction notice generation with correct business-day counting
- GET number and agent-identity disclosure checklist at lease creation
- 45-day notice tracking for month-to-month terminations and rent increases
Rent increase rules in Hawaii
Maintenance obligations
Landlord must:
Tenant must:
Tenant rights in Hawaii
Tenants in Hawaii have the right to:
How Tenby helps Hawaii landlords
Tenby's compliance engine handles Hawaii-specific requirements automatically:
The bottom line
Hawaii is a tenant-protective state with bright-line rules. The key requirements to remember: one-month deposit cap, 14-day return deadline, 8% late fee cap measured against monthly rent, 48-hour entry notice, 5-business-day pay-or-quit notices, and the GET number disclosure. Follow Chapter 521, document everything, and you'll avoid most legal issues.
Landlord Law Watch
Never miss a Hawaii law change
This guide is current today — but Hawaii's late fee caps, deposit rules, grace periods, and notice requirements change more often than most landlords realize. Law Watch monitors the statutes and emails you the moment Hawaii moves: what changed, old vs. new, and what to update in your lease.
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