Hawaii Residential Lease Agreement
What Hawaii law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Hawaii lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Hawaii rules your lease has to live with
Beyond the deposit, Hawaii law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. Hawaii requires at least 48 hours’ notice before a non-emergency entry. — HRS § 521-53(b) (L 1972 c 132; gen ch 1985) ↗
- Late fees. Late charge, if provided in the rental agreement, may not exceed 8% of the rent due — HRS § 521-21(f) (am L 2017, c 179, § 1) ↗
- Rent increases. Month-to-month: 45 consecutive days' written notice before the effective date; tenancies shorter than month-to-month: 15 days — HRS § 521-21(d)-(e) (am L 2017, c 179) ↗
- Repair and deduct. Yes. If landlord fails to commence repairs (12 business days after notice; 3 for essential facilities; 5 after agency violation notice), tenant may repair and deduct up to $500 (or $500/one month's rent with two estimates); cap 3 months' rent per 6 months. — HRS § 521-64 (am L 1995, c 42, § 1) ↗
- Habitability. Hawaii law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — HRS § 521-42(a) ↗
Each point links to the Hawaii source it was taken from. Rules change; confirm before relying on them.
What Hawaii law requires · as of 2026
- Max security deposit
- 1 month's rent
- Deposit return deadline
- 14 days after move-out
- Notice to end month-to-month
- 28 days
Source: Haw. Rev. Stat. §521-44 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 14 days after move-out? Ask for it in writing with a Hawaii security deposit demand letter; if that doesn’t work, the usual next step is Hawaii small claims court.
Need the document itself?
Fill in a Hawaii residential lease agreement and download a print-ready PDF — free, no signup, and it runs entirely in your browser.
Open the generator →The generator opens with Hawaii already selected.
Required disclosures in Hawaii
What Hawaii law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Manager and owner/agent identification
Written disclosure at or before tenancy of name and address of each person authorized to manage the premises and each owner or agent for service of process and receipt of rent/notices.
On-island agent designation
Owner or landlord residing out of state or on another island must designate on the written rental agreement an agent residing on the same island as the unit.
Source: HRS § 521-43(f)
General excise tax number
Landlords must provide their general excise tax number to all tenants for purposes of the low-income tax credit.
Source: HRS § 521-43(h)
Move-in condition inventory
Before initial occupancy landlord must inventory the premises and furnishings in a written record, signed in duplicate by landlord and tenant, copy to each tenant.
Frequently asked questions
How much security deposit can a landlord charge in Hawaii?
In Hawaii, the security deposit is limited to 1 month's rent, and it must be returned within 14 days after move-out (as of 2026). Source: Haw. Rev. Stat. §521-44. Confirm the current rule before you sign.
Is this lease valid in Hawaii?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Hawaii once both sides sign. What it cannot do is contract around Hawaii law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in Hawaii?
Hawaii requires at least 48 hours' notice for a non-emergency entry. Source: HRS § 521-53(b) (L 1972 c 132; gen ch 1985).
Can a landlord charge late fees in Hawaii?
Late charge, if provided in the rental agreement, may not exceed 8% of the rent due Source: HRS § 521-21(f) (am L 2017, c 179, § 1).
Can a tenant repair and deduct rent in Hawaii?
Yes. If landlord fails to commence repairs (12 business days after notice; 3 for essential facilities; 5 after agency violation notice), tenant may repair and deduct up to $500 (or $500/one month's rent with two estimates); cap 3 months' rent per 6 months. Source: HRS § 521-64 (am L 1995, c 42, § 1).
What does a landlord have to disclose in Hawaii?
Under Hawaii law: Manager and owner/agent identification (HRS § 521-43(a) (am L 1988, c 307, § 3)); On-island agent designation (HRS § 521-43(f)); General excise tax number (HRS § 521-43(h)); Move-in condition inventory (HRS § 521-42(a) (am L 1989, c 143, § 1)). Federal and local rules can add more; each item on this page links to the law it comes from.
How does Hawaii compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Hawaii compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Hawaii: Haw. Rev. Stat. §521-44 ↗.
- Hawaii is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 14 days — well under the national median of 30 days across the 51 states with a statutory rule.
This is the most common figure nationally — shared by 6 other states.
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 28 days — below the national median of 30 days across the 49 states with a statutory rule.
Ranked #42 of 49 states (tied with 1) — higher means a longer notice period.
1 other state uses the same figure.
The rest of what Hawaii requires
The figures below are Hawaii's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Hawaii page for that document.
- Notice for unpaid rent · as of 2026
- 10 days to pay or quit Haw. Rev. Stat. §§ 521-68, 521-72, 521-71(a) ↗
- Notice to cure a lease violation · as of 2026
- 10 days Haw. Rev. Stat. §§ 521-68, 521-72, 521-71(a) ↗
- Small claims limit · as of 2026
- $5,000 Haw. Rev. Stat. §633-27 (jurisdiction); §633-28 (no appeal; representation) ↗
- Where you file · as of 2026
- Small Claims Division of the District Court · filing fee $35 (plus service costs); cases are typically scheduled within 30 days of filing Haw. Rev. Stat. §633-27 (jurisdiction); §633-28 (no appeal; representation) ↗
- Rental application fee · as of July 2026
- Limited to the actual cost of screening Governor of Hawaii / DCCA ↗
- Bill of sale notarization · as of 2026
- Not required Hawaii County DMV / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization recommended Haw. Rev. Stat. §551E-3 (form §551E-51) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Haw. Rev. Stat. § 428-101 (definition); § 428-103(a) (effect) ↗
- Recording a deed · as of 2026
- Bureau of Conveyances (Department of Land and Natural Resources, Honolulu) — the only state with a single statewide recording office (HRS ch. 502); Torrens-registered land is instead recorded through the Land Court system (HRS ch. 501), with dual-system property recorded in both · no witnesses HRS § 502-41 ↗
Lease agreement in other states
More Hawaii legal forms
Different state? See lease agreements by state →