Understanding Hawaii’s Landlord-Tenant Laws: What’s Changed in 2024?

By Blogs | August 13, 2024

Navigating Hawaii’s rental laws is critical for landlords to protect their investments and avoid legal pitfalls. With new regulations impacting security deposits, evictions, and tenant rights in 2024, property owners must stay informed. Agency Rentals, Honolulu’s trusted property management partner, breaks down the latest changes and shares actionable strategies to ensure compliance and maximize ROI.

1. Security Deposit Updates: Stricter Transparency & Timelines

Hawaii’s security deposit laws saw notable refinements in 2024 to enhance tenant protections:

  • Caps Remain at One Month’s Rent: Landlords can still charge up to one month’s rent for unfurnished units, with pet deposits capped at an additional month’s rent 47.
  • Faster Refund Deadlines: Landlords must return deposits within 14 days of lease termination, including an itemized statement for deductions (e.g., unpaid rent, damage beyond wear and tear) 513.
  • Documentation Requirements: Deductions now require receipts or invoices as proof, reducing disputes. Failure to comply may result in forfeiting the entire deposit 13.

Agency Rentals’ Compliance Strategy:
Our team conducts pre-move-in inspections with timestamped photos, maintains meticulous records, and uses automated systems to meet deadlines. For Maui properties, we coordinate with mediation services to resolve disputes efficiently 313.

2. Eviction Reforms: Mediation Mandates & Phased Timelines

Post-wildfire recovery and tenant advocacy shaped 2024’s eviction rules, particularly on Maui:

  • Act 202 Mediation Requirement: Starting February 5, 2025, Maui landlords must offer mediation (free for both parties) before filing evictions for non-payment. Tenants have 15 days to request mediation after receiving a notice 3.
  • Phased Eviction Thresholds: Post-moratorium, Maui landlords can only evict for:
    • 4+ months overdue (Feb–Mar 2025)
    • 3+ months (Mar–May 2025)
    • 2+ months (May–Jul 2025)
    • 1+ month (Jul 2025–Feb 2026) 3.
  • Statewide Protections: Retaliatory evictions remain prohibited, and landlords must provide 45 days’ notice for month-to-month lease terminations 712.

Agency Rentals’ Proactive Approach:
We screen tenants rigorously to minimize defaults, negotiate payment plans during financial hardships, and handle mediation logistics for Maui clients to avoid court delays.

3. Tenant Screening Fee Limits & Fair Housing

A new law (Act 200) effective May 1, 2024, tightens screening processes:

  • Fee Caps: Landlords can only charge the actual cost of background checks (e.g., credit reports) and must refund unused portions within 30 days 11.
  • Anti-Discrimination Updates: Hawaii expanded protected classes to include source of income and HIV status. Criminal history checks must directly relate to rental risks 711.

Case Study:
A Waikiki landlord faced a 5,000fineforcharginga5,000fineforcharginga75 “processing fee” above screening costs. Agency Rentals avoids such risks by itemizing fees and using compliant screening tools.

4. Tenant Rights: Repairs, Rent Withholding, & Privacy

Tenants gained stronger leverage in 2024:

  • Repair Deadlines: Landlords have 3 business days to fix critical issues (e.g., plumbing, electricity) and 12 days for non-urgent repairs. Tenants can deduct up to $500 from rent for unresolved repairs 712.
  • Rent Withholding: Tenants may withhold rent for uninhabitable conditions but must deposit funds into a court trust during disputes 7.
  • Privacy Protections: Landlords must provide 2 days’ notice before entering units, except in emergencies 4.

Agency Rentals’ Maintenance Protocol:
Our 24/7 repair hotline and vetted contractor network resolve issues swiftly, preventing tenant disputes and habitability claims.

5. Rent Increase Rules & Proposed Stabilization

While Hawaii lacks rent control, new notice requirements and proposals emerged:

  • 45-Day Notice for Month-to-Month Leases: Landlords must notify tenants 45 days before raising rent, up from 30 days in 2023 12.
  • Pending Legislation: Bills proposing a 5% + inflation cap on annual increases stalled in 2024 but signal growing pressure for rent stabilization 12.

Strategic Tip:
For Honolulu properties, consider incremental increases tied to market rates (median rent: $2,600/month) rather than abrupt hikes to retain tenants 12.

How Agency Rentals Minimizes Your Legal Risks

Staying compliant is our priority:

  1. Lease Audits: We review agreements to align with HI Rev Stat § 521, ensuring no unlawful clauses.
  2. Eviction Management: From Maui mediation to court filings, we handle paperwork and deadlines.
  3. Deposit Tracking: Automated systems track move-in/move-out inspections and refund timelines.
  4. Training: Our staff completes annual fair housing and law updates training.

Conclusion: Adapt to Thrive in Hawaii’s Shifting Market

2024’s laws emphasize tenant protections but reward proactive landlords who prioritize compliance. By partnering with Agency Rentals, you gain:

  • Reduced vacancy risks through tenant retention strategies.
  • Legal safeguards against disputes and fines.
  • Peace of mind knowing your property meets all state and county regulations.

📞 Contact Agency Rentals at (808) 593-9826 or visit agencyhawaii.com to schedule a compliance review. Let’s turn legal challenges into opportunities for growth.

Posted in Property Management in Honolulu