Breaking a lease in Hawaii

If a tenant wrongfully leaves and clearly shows by words or actions that they will not come back, the tenant owes the lesser of the rent for the rest of the term, or the rent for the time reasonably needed to re-rent at a fair rent plus any shortfall between the fair rent and the old rent and a reasonable rental commission (HRS § 521-70(d)).

• If a tenant backs out before moving in, the tenant owes the lesser of all money deposited with you, one month's rent, or the rent until you re-rent at a fair rent plus any shortfall, reasonable costs and a reasonable commission (HRS § 521-70(e)).
• A tenant on a lease of one year or less may end it without penalty if the tenant or a family member living in the unit was a victim of domestic violence in the past 90 days, with at least 14 days' written notice and the documents and statement the law lists (HRS § 521-80).See Domestic violence protections on the Hawaii page
• A servicemember ordered into on-post government quarters, who would otherwise lose the housing allowance and whose request to keep it was denied, may end a lease of one year or less on 30 days' written notice, or a month-to-month tenancy on 15 days' notice, with the orders or commanding officer's verification and proof of the denial (HRS § 521-83(a) to (c)).
• If a servicemember tenant dies on active duty, an adult family member may end a lease of one year or less, or a month-to-month tenancy, on 15 days' written notice with the death certificate and proof of active duty (HRS § 521-83(d)).
• A tenant may also end the lease for a serious unrepaired condition after one week's written notice, or after fire or casualty damage (HRS § 521-63; HRS § 521-65).See Tenant repair remedies on the Hawaii page

When the only tenant (or every tenant) dies, notify the tenant's named representative by registered mail, or, if none was named, the estate at the unit's address. The tenancy ends 15 calendar days after the notice is mailed or delivered, or on the date rent is paid through, whichever is later (HRS § 521-85(b), (e)).

• The notice must give the tenant's name, the unit address, the approximate date of death, the monthly rent and the date rent is paid through, the termination date, and how you may dispose of belongings of value (HRS § 521-85(c)).
• If the representative contacts you within 15 calendar days, give access to remove the belongings. Within 14 calendar days after the tenancy ends or the belongings are removed, account for the deposit and pay any balance to the representative or the estate (HRS § 521-85(d), (h)).
• You need not tell a prospective tenant about a death in the unit (HRS § 521-85(j)).

If you do not start repairs on time, the tenant may have the work done competently and, after giving you receipts, deduct the cost from rent, up to $1,000 or one month's rent, whichever is greater. If a condition deprives the tenant of a substantial part of the benefit of the lease and you do not fix it within one week of written notice, the tenant may end the lease (HRS § 521-64(b), (d); HRS § 521-63(a)).

• In the first notice the tenant must list every defect the tenant knows or should know of; an unlisted one cannot be repaired at your expense for six months. Total repair-and-deduct charges may not exceed three months' rent in any six-month period (HRS § 521-64(e)).
• After an agency notice of a health or safety violation, the tenant may instead give you two written signed estimates at least 7 calendar days before the work and use the lower bidder, subject to your written choice of a reasonable substitute worker or materials (HRS § 521-64(b)(2)).
• No notice is needed before ending the lease when the condition makes the home uninhabitable or poses an imminent threat to health or safety. If you caused the condition wilfully or negligently, the tenant may also recover damages (HRS § 521-63(a), (b)).
• None of these remedies applies to a condition caused by the lack of due care of the tenant, the tenant's family or guests. Before fixing a shared facility, the tenant must notify the other tenants who share it (HRS § 521-64(f), (g); HRS § 521-63(a)).
• If fire or other casualty that occurs without wilful fault of the tenant or the tenant's family makes the home partly or wholly unusable, the tenant may move out and end the lease, notifying you within one week, or stay and pay only the fair rental value of the usable part (HRS § 521-65).

Unless a written lease says otherwise, a Hawaii tenant may sublet or assign without your consent. A written lease may require your consent. This default does not apply to government-owned or subsidized units (HRS § 521-37).

• If the unit is in a condominium or cooperative, the tenant must also follow the association's or corporation's bylaws (HRS § 521-52(d)).

To end a month-to-month tenancy, give the tenant written notice at least 45 days before the termination date. A tenant who wants to end it must give you written notice at least 28 days ahead and pays rent through the 28th day (HRS § 521-71(a), (b)).

• After your notice, the tenant may move out at any time within the last 45 days before the termination date, telling you the move-out date and paying prorated rent for the time occupied (HRS § 521-71(a)).
• Give at least 120 days' written notice before ending a month-to-month tenancy for a planned demolition, a condominium conversion or a change to transient vacation rentals. A revised notice restarts the period (HRS § 521-71(c)).
• For a planned condominium conversion, the 120-day notice applies under any rental agreement, including a fixed-term lease, counted back from the end of the rental agreement (HRS § 521-38).
• For a tenancy shorter than month to month, either side may end it with at least 10 days' notice (HRS § 521-71(d)).
• A tenant who stays after the tenancy ends without your consent may owe up to twice the monthly rent, prorated daily. If you do not file for possession within the first 60 days of the holdover, and there is no rental agreement, a month-to-month tenancy at the old rent begins (HRS § 521-71(e)).
• A termination notice given to evade the rent increase notice rules is void (HRS § 521-71(f)).

Return the deposit, less any amount you keep for a permitted purpose, within 14 days after the rental agreement ends. To keep any part, give the tenant written notice of the particulars and grounds, with written evidence of the costs such as estimates, invoices or receipts (this notice is not required if the tenant wrongfully quit). If you do not send that notice within the 14 days, you must return the entire deposit (HRS § 521-44(c)).

• Mailing the refund or the notice to an address the tenant gave you, with proof of mailing and a postmark before midnight of the 14th day after the agreement ends, is presumed to comply; so is the tenant's acknowledgment of receipt within the 14 days (HRS § 521-44(c)).
• A tenant must sue over a retained deposit within one year after the rental agreement ends (HRS § 521-44(c)).
• A tenant absent for 20 days or more in a row without written notice to you is treated as having wrongfully quit, and you may keep the whole deposit. A period for which you have received rent does not count as an absence (HRS § 521-44(d)).
• If the court finds you wrongfully and wilfully kept deposit money, it may award the tenant three times that amount; if you wrongfully kept it, it must award the amount. Either way the tenant also gets the cost of suit. If you were entitled to keep it, the court awards you the disputed amount and costs (HRS § 521-44(h)).
• If you sell or transfer the property, the new owner is bound by these rules. You must give the new owner an accounting of the deposits, and within 20 days the new owner must tell each tenant the amount credited, or the deposit is presumed to be at least one month's rent (HRS § 521-44(f)).
• When a tenant ends the lease in the first week of occupancy because the home does not conform to the lease or to your fit-premises duties, because of a serious unrepaired condition or an unlawful lockout, or after fire or casualty damage, return unused prepaid rent and the part of the deposit you may not keep within 14 days after termination (HRS § 521-66; HRS § 521-62; HRS § 521-63).