Breaking a lease in Hawaii

If you are the tenant

• A month-to-month tenant may end the tenancy with written notice at least 28 days before the planned termination date, and pays rent through the 28th day (HRS 521-71(b)). The date need not fall at the end of a rental period.

If the landlord ends it

• A landlord may end a month-to-month tenancy with written notice at least 45 days before the planned termination date; the tenant may leave earlier within those 45 days by telling the landlord the move-out date and paying prorated rent (HRS 521-71(a)).
• If the landlord plans to demolish the units, convert to a condominium, or change to transient vacation rentals, it must give written notice at least 120 days in advance (HRS 521-71(c)).

Written notice required: Yes. Month-to-month termination notices from either party must be in writing (HRS 521-71(a)-(c)). The handbook notes week-to-week notice may be oral or written.

• week-to-week, both: 10 days. For tenancies shorter than month-to-month, either party may end the tenancy with notice at least 10 days before the planned termination date (HRS 521-71(d)).

A fixed-term lease ends on its stated date with no notice needed. If a tenant wrongfully quits and makes clear they will not return, they owe the lesser of (1) the rent for the rest of the term, or (2) rent for the period reasonably needed to re-rent at fair rent, plus any shortfall between the fair rent and the old rent, plus a reasonable rental commission (HRS 521-70(d)).

Landlord's duty to re-rent: Yes. HRS 521-70(d) caps the abandoning tenant's liability at the lesser of the remaining rent or the rent for the period reasonably necessary to re-rent (plus any rent shortfall and a reasonable commission), and that cap applies whether or not the landlord actually re-rents.

Lease-break fees: No early-termination-fee statute; an abandoning tenant's liability is capped by HRS 521-70(d). A tenant who backs out before move-in owes the lesser of all money deposited, one month's rent, or the re-renting shortfall and costs (HRS 521-70(e)). Domestic violence and qualifying military terminations may not be charged fees (HRS 521-80, 521-83).

• Domestic violence, sexual assault or stalking (HRS 521-80)

  A tenant with a lease of one year or less may end it if the tenant or a household family member was a domestic violence victim in the last 90 days, giving at least 14 days' notice, with a termination date no more than 104 days after the latest act.

  Notice:

  14 days, in writing

  Proof:

  One of: certified restraining orders or criminal case documents; documentation from a victim services or domestic violence program or shelter; or documentation from a medical professional, mental health provider, attorney, advocate, social worker, or clergy. Plus a written statement that the abuser knows where the tenant lives (unless the abuser lives in the unit).

  What you still owe:

  Rent through the early termination date plus earlier unpaid obligations, paid on or before that date; no early termination fee or future rent.

• Military service (state law) (HRS 521-83)

  An active-duty servicemember with a lease of one year or less may end it with at least 30 days' written notice (15 days for month-to-month) if ordered into on-post government quarters and would lose BAH; a family member may end it with 15 days' notice if the servicemember dies on active duty.

  Notice:

  30 days, in writing

  Proof:

  A copy of official military orders or a commanding officer's verification, plus written proof that the commander denied the request to keep the housing allowance.

  What you still owe:

  Rent through the early termination date plus earlier obligations; no early termination fee or future rent.

• Unit unlivable or landlord fails to repair (HRS 521-63(a))

  If a condition deprives the tenant of a substantial part of the benefit of the rental agreement and the landlord does not fix it within one week of written notice, the tenant may end the agreement.

  Notice:

  7 days, in writing

  Proof:

  Written notice to the landlord (not needed if the unit is uninhabitable or there is an imminent threat to health or safety).

  What you still owe:

  Not stated in the statute; the agreement ends.

• Landlord harassment or illegal entry (HRS 521-63(c))

  If the landlord removes or excludes the tenant from the unit overnight without cause or a court order, the tenant may end the rental agreement (or recover possession).

  Proof:

  None stated; the landlord must have removed or excluded the tenant overnight without cause or a court order.

  What you still owe:

  Tenant may recover two months' rent plus the cost of suit and reasonable attorney's fees; if the agreement ends, the landlord must return the deposit under HRS 521-44(c).

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Without a written agreement on the term, the tenancy is month-to-month (week-to-week for boarders) (HRS 521-22).
• A tenant who holds over without consent may owe up to twice the monthly rent, prorated daily (HRS 521-71(e)).
• Act 278 (2025) creates a pilot (Feb 5, 2026 - Feb 4, 2028) requiring mediation, on tenant request, before nonpayment evictions; it does not change move-out notice rules.

• Write a Hawaii notice to vacate
• Hawaii security deposit law: getting your deposit back after you move

• HRS 521-71 Retrieved October 13, 2026.
• HRS 521-70 Retrieved October 13, 2026.
• HRS 521-80 Retrieved October 13, 2026.
• HRS 521-83 Retrieved October 13, 2026.
• HRS 521-63 Retrieved October 13, 2026.
• HRS 521-22 Retrieved October 13, 2026.
• Hawaii DCCA Residential Landlord-Tenant Handbook (2024) Retrieved October 13, 2026.
• Hawaii DCCA Act 278 FAQ Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.