Best Landlord & Tenant Lawyers in Hawaii

About Landlord & Tenant Law in Hawaii, United States

Landlord and tenant law in Hawaii governs the rights and responsibilities of those who rent or lease residential property. These laws are primarily found in the Hawaii Residential Landlord-Tenant Code, which outlines the obligations of both landlords and tenants in rental relationships. Whether you are renting a single-family home, an apartment, or a condo, these laws help ensure rental agreements are fair, clear, and in compliance with state and federal standards. Hawaii places particular emphasis on balancing the interests of landlords and tenants, ensuring safe housing, and providing clear processes for dispute resolution.

Why You May Need a Lawyer

Legal issues between landlords and tenants can be complex, and seeking the advice of a qualified attorney may be necessary in several situations. Common reasons for needing a lawyer include:

• Disputes over rent payments, security deposits, or property damage
• Eviction notices and contested evictions
• Claims of unlawful entry or privacy violations
• Disagreements regarding lease terms or renewal conditions
• Allegations of discrimination or retaliation
• Issues with repairs or unsafe living conditions
• Resolution of joint tenancy or roommate disputes
• Questions involving housing regulations or local ordinances

Attorneys can provide guidance on your rights, represent you in legal proceedings, and help mediate negotiations to avoid protracted legal battles.

Local Laws Overview

Hawaii’s residential landlord-tenant law is governed by Chapter 521 of the Hawaii Revised Statutes, known as the Residential Landlord-Tenant Code. Here are some key aspects:

• Security Deposits: Landlords can charge up to one month’s rent as a security deposit, plus an additional pet deposit if relevant.
• Rent Increases: There are no state laws limiting the amount of rent increase, but landlords must provide at least 45 days written notice for month-to-month tenancies.
• Repairs and Maintenance: Landlords are required to keep the property in safe and habitable condition. Tenants must notify landlords in writing about repairs that are needed.
• Entry: Landlords must provide at least 2 days written notice before entering the premises, except in emergencies.
• Evictions: The eviction process is strictly regulated. Landlords must follow specific notice requirements and cannot evict tenants without a court order.
• Security Deposit Returns: Landlords must return security deposits within 14 days of the end of the tenancy, minus any lawful deductions. An itemized list is required if deductions are made.
• Retaliation and Discrimination: It is unlawful for landlords to retaliate against tenants for exercising their legal rights or to discriminate based on race, gender, family status, disability, or other protected characteristics.

Hawaii also has local county regulations, so it is important to be aware of city or island-specific ordinances that may apply.

Frequently Asked Questions

What is the maximum security deposit a landlord can charge in Hawaii?

The maximum security deposit a landlord can charge is one month’s rent, plus an additional amount if the tenant has a pet. This deposit cannot be used as the last month's rent.

How much notice is needed to end a month-to-month lease?

For month-to-month tenancies, either party must provide at least 28 days written notice before ending the tenancy.

Can a landlord enter a rental unit without the tenant's permission?

A landlord must generally give at least 2 days written notice before entering a rental unit, unless there is an emergency requiring immediate access.

How can a tenant request repairs?

Tenants should notify landlords in writing about needed repairs. If the landlord does not fix the issue within a reasonable time, tenants may have legal remedies, such as repairing the issue and deducting reasonable costs from the rent or seeking court intervention.

What can I do if my landlord is not returning my security deposit?

If your landlord does not return your security deposit within 14 days, or you disagree with deductions, you can send a written demand and, if necessary, file a claim in small claims court.

How does the eviction process work in Hawaii?

Landlords must provide proper notice for lease violations or non-payment of rent. If the tenant fails to remedy the issue or vacate, the landlord must file for eviction through the court. Only a court order can remove a tenant.

What are the tenant's responsibilities regarding the property?

Tenants must keep the property clean and undamaged, report maintenance issues promptly, avoid illegal activities, and follow the terms of the lease.

Is it legal for my landlord to retaliate if I report health or safety violations?

No, it is illegal for landlords to retaliate against tenants for exercising their legal rights, including reporting health and safety violations or joining tenant unions.

Can I sublet my rental unit in Hawaii?

You may only sublet with the landlord’s express written consent, unless your lease specifically allows subletting.

Where can I find help if I cannot afford a lawyer?

There are several organizations in Hawaii that offer free or low-cost legal assistance to tenants who qualify.

Additional Resources

If you are facing a landlord-tenant issue in Hawaii, consider reaching out to the following resources:

• Hawaii State Department of Commerce and Consumer Affairs (Office of Consumer Protection)
• Legal Aid Society of Hawaii
• Hawaii Civil Rights Commission
• Community mediation centers throughout the islands
• Hawaii State Judiciary Self-Help Centers
• City and County Housing Departments specific to your island

These organizations can provide information, forms, and in some cases, direct legal support or mediation services.

Next Steps

If you need legal assistance with a landlord or tenant issue in Hawaii, it is best to:

1. Gather all relevant documents, including your lease, correspondence, repair requests, and notices.
2. Review the Hawaii Residential Landlord-Tenant Code to understand your basic rights and responsibilities.
3. Contact a local legal aid organization or attorney for guidance on your specific situation.
4. Consider reaching out to mediation services if you hope to resolve disputes without going to court.
5. Take action promptly, as many landlord-tenant issues are time-sensitive and subject to deadlines.

Seeking advice early can often prevent problems from escalating. If you are unsure of what to do next, consulting a legal professional familiar with Hawaii’s landlord and tenant laws is always a recommended first step.