Rental Lease Terminations
Requirements to terminate a Rental Agreement in Hawaii
One of the most misunderstood portions of Hawaii’s Landlord-Tenant Code concerns lease terminations.
We frequently hear people refer to a “30 day notice”. This is common on the mainland, but Hawaii’s laws are different. If a Tenant is on a month-to-month lease, the Landlord must provide the Tenant with 45 days “Notice to Vacate”. However, if the Tenant wishes to terminate, they need only provide 28 days notice.
If the Tenant provides notice, it must be in writing and the Tenant is responsible for the rent until the 28th day.
If the Landlord provides notice, it must also be in writing, but the Tenant is free to leave at any time after receiving the notice. They must vacate no later than the 45th day and must pay rent until the day they vacate. (Unless there are repairs or cleaning to be done in which case the Landlord may charge the Tenant for each day it takes to remedy.)
Fixed leases (such as the typical one year lease) are deemed terminated at lease expiration. No notice needs to be provided by either party. The Tenant is free to vacate and the Landlord may also assume that the Tenant is vacating. A Tenant who stays beyond lease expiration can also be considered a “Holdover Tenant” and be charged twice the rent. Thus it is important for Landlords and Tenants to discuss their plans with each other prior to lease expiration.
In Hawaii, the Landlord does not need to give a reason to the Tenant to vacate. However, many Landlords have decided to take advantage of the current market and list their properties for sale. A sale is usually accomplished much faster and easier when the property is vacant.
The Hawaii’s Landlord-Tenant Code is available at http://cca.hawaii.gov/hfic/files/2013/03/landlord-tenant-handbook.pdf.
