Landlord Tenant

The Hawaii Residential Landlord-Tenant Information Center

The Office of Consumer Protection (OCP) operates the Hawaii Residential Landlord-Tenant Information Center. This free service offers information to the general public about Hawaii’s Residential Landlord-Tenant Code. Callers can access the Information Center by calling one of the numbers listed below between 8:00 AM and 12:00 Noon:

Honolulu Office (Oahu/Kauai): (808) 586-2634
Maui Office (Maui/Molokai/Lanai): (808) 243-4648
Hilo Office (Hawaii Island): (808) 933-0910

Residential Landlord-Tenant Code
Chapter 521 Residential Landlord-Tenant Code of the Hawaii Revised Statutes
Residential Landlord-Tenant Handbook (PDF)

FAQs for Residential Landlords and Tenants on the Island of Maui

What you should know about your rights after the Seventh Wildfires Emergency Proclamation, issued on September 9, 2023

Current PDF copy of this FAQ
Archived FAQs (PDF)

Q: When did the emergency restrictions relating to rent increases and terminating existing tenancies begin?
Restrictions on rent increases and terminating existing tenancies began on August 9, 2023, when the Second Proclamation Relating to Wildfires was issued.
Like the Sixth Proclamation Relating to Wildfires, issued August 19, 2023, the Seventh Proclamation prohibits landlords on the Island of Maui from terminating tenancies resulting from a tenant’s failure to pay all or portion of the rent or lease maintenance fees, utility charges, taxes or other fees required by the rental agreement.
Like the Sixth Proclamation, the Seventh Proclamation also suspends the law allowing landlords to obtain a court order for summary possession on the Island of Maui to the extent necessary to prohibit the commencement, continuation, or prosecution of a legal action to terminate a tenancy on the Island of Maui resulting from a tenant’s failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement.

Q: Do the emergency restrictions for rentals apply to commercial leases on the Island of Maui?
These emergency restrictions apply only to residential leases and only on the island of Maui.
Q: When do the restrictions end?
Currently, these emergency restrictions will continue through November 6. The Governor may increase the duration of these restrictions by issuing another proclamation.
Q: Where are these emergency restrictions in effect?
These restrictions apply to residential leases on the entire island of Maui and are not limited to any specific location on Maui, such as the west side of Maui.
Q: What are the restrictions on increasing rents on the Island of Maui during this emergency?
Landlords are prohibited from increasing rents during a tenancy unless the rent increases are contained in a written agreement that was signed before this emergency period. These pre-written rent increases may be given effect as agreed upon in writing.

Q: What are the restrictions on terminating existing residential tenancies on the Island of Maui?
Landlords may not terminate tenancies on the Island of Maui unless: (1) there is a material breach of the lease other than tenant’s failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement; (2) the property is sold to a bona fide third-party purchaser; or (3) when the landlord or an immediate family member of the landlord will occupy the residential unit.
Q: What is an example of a material breach of a lease other than a breach for non-payment of rent?
Failing to perform an obligation under the rental agreement or lease, which constitutes the consideration for entering into the contract, such as failure to follow obligations, rules, and restrictions set by the landlord, willfully destroying, or damaging the dwelling unit or allowing another to willfully destroy or damage the dwelling unit, may be material breaches of the lease.

If you have questions about whether conduct constitutes a material breach of the lease, you may wish to consult an attorney.

Q: Is the Residential Landlord-Tenant Code in effect? Are courts hearing landlord-tenant cases during this emergency period?
The Residential Landlord-Tenant Code (chapter 521, HRS) is in effect throughout the State with certain exceptions that apply only to the Island of Maui. The Seventh Proclamation suspends two sections of the Residential Landlord-Tenant Code and the law allowing landlords to obtain summary possession
(chapter 666, HRS) in certain situations. Those laws are suspended to the extent necessary to prohibit legal actions to terminate a tenancy for a tenant’s failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement.

Summary possession actions may not commence, continue, or be prosecuted on the Island of Maui through November 6, 2023, if they involve terminating a tenancy for a tenant’s failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement.

The Governor may increase the time for these restrictions by issuing another proclamation.

Other than certain legal actions for summary possession on the Island of Maui, landlords and tenants may continue to file lawsuits affecting landlord and tenant rights on the Island of Maui and throughout the State.

###

These FAQs constitute guidance from the Office of Consumer Protection. This guidance is non-binding. The Office of Consumer Protection is not your attorney and cannot provide you legal advice.

Resources

Government Agencies

CFPB’s Rental Assistance Finder
Hawai’i State Judiciary – Self-Help – Landlord-Tenant Claims
Mediation/Alternative Dispute Resolution
Mediation Centers
Office of Hawaiian Affairs
State of Hawaii, Self-Help Center

Non-Profit Organizations

Aloha United Way (AUW)
Catholic Charities
Hawaii Appleseed Center for Law and Economic Justice
Hawaii Disability Rights Center
Hawaii LGBT Legacy Foundation
Legal Aid Society of Hawaii (LASH)
Mediation Center of the Pacific
Mutual Housing Association of Hawaii
National Low Income Housing Coalition HI Chapter
Volunteer Legal Services Hawaii
Women Helping Women

Real Estate Industry

Honolulu Board of Realtors
Kauai Board of Realtors
Hawai’i Association of Realtors
Hawai’i Island Realtors
Realtor Association of Maui
Institute of Real Estate Management (IREM) Hawaii Chapter
National Association of Residential Property Managers (NARPM) Oahu Chapter

Mediation Centers

Mediation Center of the Pacific - Oahu
Kauai Economic Opportunity Mediation Services - Kauai
West Hawaii Mediation Center - Hawaii Island
Ku'ikahi Mediation Center - Hawaii Island
Maui Mediation Services - Maui