Your Rights as a Hawaiʻi Renter
Hawaii law protects renters from abusive fees, unsafe and unsanitary conditions, unlawful debt collection practices, and retaliation for asserting your rights.
Application fees and advertised costs
A landlord cannot collect an application fee that is more than the actual cost of conducting a reference check, tenant report, criminal background check, or credit report.
A landlord cannot refuse to give you a receipt for your application fee or a breakdown of the costs covered by the fee if you request it.
A landlord must disclose the full amount the rental unit will cost at the time of your application. A landlord cannot advertise only part of the price and reveal other mandatory charges later.
Security deposits, rent, & fees
A landlord must prepare a written inventory describing the condition of the rental unit.
A landlord cannot require more than one month’s rent for the security deposit.
A landlord must tell tenants what a flat fee for utilities covers.
A landlord cannot charge more than 8% for late charges.
A landlord cannot make you pay for routine wear and tear or for repairs the landlord is legally required to make.
Habitability, Eviction & Debt Collection
The landlord cannot provide a rental unit that is substantially unfit for living because it is unsafe or unsanitary. Such conditions must be more than just an inconvenience, must rise to “constructive eviction.”
A landlord cannot evict a tenant in retaliation for tenant reporting unsafe or unsanitary conditions.
A landlord cannot try to collect, or collect, rent or fees that are not owed.
A landlord cannot make false representations or use deceptive means to collect any debt.
What to Do Next
Save copies of your lease, receipts, application materials, utility charges, notices, texts, emails, and payment records.
Take dated photos or videos of unsafe, unsanitary, or damaged conditions.
Ask for important information in writing, including fee breakdowns, repair timelines, and deposit deductions.
Do not ignore court papers or eviction notices. Deadlines can be short.
Need help? If any of these things have happened to you, I may be able to help.
Contact me for a free legal consultation.
