Landlord repairs in Hawaii

The landlord must at all times comply with building and housing laws materially affecting health and safety, make all repairs and arrangements needed to put and keep the premises in a habitable condition, and keep landlord-supplied electrical, plumbing and other facilities and appliances in good working order (§ 521-42(a)). (Haw. Rev. Stat. § 521-42(a))

Hawaii law names these:

• compliance with building and housing laws affecting health and safety
• clean and safe common areas (multi-unit)
• repairs to keep the premises habitable
• electrical, plumbing and other landlord-supplied facilities and appliances in good working order
• garbage receptacles and frequent removal (not single-family homes)
• running water as reasonably required (not single-family homes or exempt buildings)

For ordinary repairs the tenant must notify the landlord in writing and list every defective condition the tenant knows of (unlisted conditions cannot be forced for 6 months) (§ 521-64(c), (e)). For repairs to electrical, plumbing or other facilities (including landlord-supplied major appliances) needed for sanitary and habitable living, oral or written notice is enough (§ 521-64(c)). For health or safety violations, the trigger is written notice to the landlord from the Department of Health or another state or county agency (§ 521-64(a)). To terminate under § 521-63(a), notice must be in writing, unless the unit is uninhabitable or there is an imminent threat to health or safety. (Haw. Rev. Stat. §§ 521-63(a), 521-64(a), (c), (e))

The notice must be in writing. Write a Hawaii repair request letter.

These are deadlines to START repairs, with a good-faith duty to finish as soon as possible: 3 business days after oral or written notice for repairs needed for sanitary and habitable living conditions; 7 calendar days after written notice from the Department of Health or another state or county agency of a health or safety violation; 12 business days after the tenant's written notice for other defects. If the landlord cannot start in time for reasons beyond its control, it must tell the tenant why and set a reasonable tentative start date (§ 521-64(a), (c)).

Urgent problems (3 business days): repairs (not caused by tenant misuse) to electrical, plumbing or other facilities, including landlord-supplied major appliances, necessary to provide sanitary and habitable living conditions

Law: Haw. Rev. Stat. § 521-64(a), (c)

Allowed with limits. If the landlord does not start repairs within the deadline (12 business days for ordinary defects, 3 business days for sanitary/habitable facilities, 7 calendar days after an agency health or safety notice), the tenant may have the work done competently and, after giving the landlord receipts, deduct up to $1,000 or one month's rent, whichever is greater. For agency-cited violations the tenant may instead give the landlord two written estimates at least 7 calendar days before the work and use the lower bidder. Total costs charged to the landlord may not exceed three months' rent in each six-month period; not allowed for conditions the tenant caused; tenants must notify other tenants before fixing shared facilities. The cap was raised to $1,000 by Act 32 (2024).

Waiting period after notice:

12 business days

Limit:

the greater of $1,000 or one month's rent per deduction; no more than three months' rent in total per six-month period

Law:

Haw. Rev. Stat. § 521-64(b), (d)-(g)

Not addressed by state law. The Code has no general rent-withholding remedy for repairs apart from repair-and-deduct. In a court dispute over unpaid rent, the court may order rent paid into a rent trust fund, and the tenant may still argue grounds existed to withhold, deduct or set off rent (§ 521-78). Retaliation protection requires the tenant to keep paying rent or tender receipts for rent lawfully withheld (§ 521-74(a)).

Law:

Haw. Rev. Stat. §§ 521-78, 521-74(a)

Rent trust fund: in any court case where payment or nonpayment of rent is disputed, at either party's request the court orders the tenant to deposit disputed rent into court as it comes due; failure to deposit gives the landlord judgment for possession. The court pays the money to the tenant if the tenant had a basis to withhold, deduct or set off rent. (Haw. Rev. Stat. § 521-78)

Allowed. If a condition deprives the tenant of a substantial part of the benefit of the rental agreement, the tenant may give written notice and terminate if the landlord does not fix it within one week. No notice is needed if the unit is uninhabitable or there is an imminent threat to health or safety. Not available for conditions the tenant caused. If the landlord caused the condition willfully or negligently, the tenant can also recover damages (§ 521-63(a)-(b)). A tenant may also terminate during the first week of occupancy if the unit does not meet the landlord's obligations at move-in (§ 521-62, per OCP handbook).

Law:

Haw. Rev. Stat. § 521-63(a)-(b)

A landlord may not force a tenant out by willfully cutting off running water, hot water, electric, gas or other essential services; this is an unfair or deceptive practice with minimum damages of three times the monthly rent or $1,000, whichever is greater (§ 521-74.5). Unlawful lockout: two months' rent or two months' free occupancy plus costs and attorney's fees (§ 521-63(c)).

As long as the tenant keeps paying rent (or tenders receipts for rent lawfully withheld), the landlord may not evict, raise rent, or reduce services after the tenant in good faith complained to the Department of Health, the landlord, a building department, the Office of Consumer Protection or another agency about health-law or Code violations, after an agency filed a violation notice, or after the tenant in good faith requested repairs under § 521-63 or § 521-64. Exceptions include tenant waste or nuisance, owner or family move-in, substantial remodeling or demolition, sale, a DOH compliance certification, and tenant-caused conditions. A dispossessed tenant may recover damages, costs and attorney's fees. No time limit or presumption period is stated. (Haw. Rev. Stat. § 521-74)

The OCP handbook says that if a health or safety condition is not repaired, the tenant should call the Department of Health or another appropriate state or county agency and ask for an inspection; the agency's written notice starts the landlord's 7-day deadline (§ 521-64(a)).

• The landlord must inventory the unit's condition in writing before move-in, signed by both; without it, the condition at move-out is presumed the same as at move-in (§ 521-42(a)).
• A landlord and tenant may agree in good faith that the tenant does specific repairs or maintenance, but not to cure building/housing-code noncompliance (§ 521-42(b)).
• Parts of the OCP handbook still state the old $500 repair-and-deduct cap; the statute was amended to $1,000 or one month's rent by Act 32 (2024).
• Act 278 (2025) requires landlords to mediate on tenant request before a nonpayment eviction during a pilot from February 5, 2026 to February 4, 2028 (OCP).

• Hawaii repair request letter (free, runs in your browser)
• Breaking a lease in Hawaii: notice periods and early-termination rights
• Hawaii eviction notice rules: what a notice for unpaid rent requires

• HRS § 521-42 Landlord to supply and maintain fit premises Retrieved October 14, 2026.
• HRS § 521-63 Tenant's remedy of termination at any time Retrieved October 14, 2026.
• HRS § 521-64 Tenant's remedy of repair and deduction Retrieved October 14, 2026.
• HRS § 521-74 Retaliatory evictions and rent increases prohibited Retrieved October 14, 2026.
• HRS § 521-74.5 Recovery of possession limited Retrieved October 14, 2026.
• HRS § 521-78 Rent trust fund Retrieved October 14, 2026.
• Hawaii DCCA Office of Consumer Protection, Residential Landlord-Tenant Handbook Retrieved October 14, 2026.
• Hawaii OCP Landlord-Tenant page (Act 278 mediation) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.