Hawaii HRS Codes for Tenant and Landlord Rights
Hawaii's Landlord-Tenant Code provides a legal framework to harmonize the rights and obligations of landlords and tenants of residential property. Oftentimes, the parties are unaware of their rights and prohibited practices under the law, which can exacerbate disputes and conflicts. A basic understanding of the Code helps to promote better relationships between landlords and tenants.
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HRS Chapter 521
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Hawaii Revised Statutes (HRS) Chapter 521 is the regulation that governs the rental of residential dwelling units in Hawaii and establishes the rights and responsibilities of landlords and tenants. Its objective is to improve the quality of housing in Hawaii and to devise a contractual relationship between both parties. HRS Chapter 521 consists of seven parts that address general provisions, rent, limitation of rental agreement and practices, landlord and tenant responsibilities, remedies and penalties.
Rental Agreements
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In Hawaii, a rental agreement can be transacted in either written or oral form. Written agreements are valid for any lease-term length whereas oral agreements cannot exceed one year in duration. Regardless of the format, specific information pertaining to the responsibility of each party (e.g., utilities, yard work) should be included to avoid future misunderstandings.
Rental agreements should clearly state the rent amount and due date, the person to whom rent shall be paid, grace periods and late fees. By law, security deposits cannot exceed one month's rent and the tenant may not use his security deposit in lieu of the final month's rent. Landlords must return the security deposit within 14 days of the termination of the rental agreement, less any deductions for cleaning and repair.
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Landlord Responsibilities
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Landlords are required to have their rental unit ready for human occupancy by the date specified on the rental agreement. Electrical, plumbing and other facilities must be in good working order and any repairs necessary to maintain a safe and healthy living environment must be done on a timely basis. Except for single-family residences, landlords must provide for trash collection and designate an agent to act the behalf if they are absentee landlords.
Tenant Responsibilities
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Likewise, HRS 521 places contractual requirements on tenants as well. Paramount is the obligation to pay rent on time, when due. In general, tenants must maintain the rented dwelling in a clean, safe and habitable condition. If circumstances require the tenant to be away from the dwelling for 20 days or more, the landlord must be promptly notified in writing, otherwise the tenant is considered to have abandoned the unit.
Tenants must also notify their landlord if they discover problems or defects in need of repair. They must also allow landlords reasonable access to the unit for the purpose of conducting inspections, performing maintenance and repairs or to show the unit to prospective buyers.
Landlord Remedies
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Failure to pay rent and improper use of the property are infractions that allow landlords to initiate legal action against tenants. Payment of rent may be demanded anytime after the due date. If the tenant fails to pay rent owed within five business days after being notified in writing (preferably by certified mail or hand delivery), the landlord can terminate the rental agreement and sue to evict the tenant.
Improper or unlawful use of the property, or tenant negligence to maintain the dwelling in working condition constitutes another breach with legal recourse. Landlords shall notify tenants of the violation and allow at least 10 days for the problem to be corrected. If the situation is not rectified within the specified time, the landlord may terminate the rental agreement and sue for eviction immediately if health and safety are at risk, otherwise within 30 days of the continued breach.
Tenant Remedies
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The Code also addresses situations and remedies where the landlord fails to fulfill his material obligations. Examples of this include cases where the unit is not ready for occupancy by the agreed-to contract date, failure of the landlord to perform necessary repairs, unlawful removal or lockouts of the tenant without a court order, retaliatory evictions and unreasonable entry. In such cases, tenants may seek remedy and recovery by contract termination, monetary compensation and legal action.
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