FAQ
Q: Is the landlord required to pay interest on security deposits?
A: The landlord is not required to do so by law.
Q: May landlords increase the security deposit by an amount similar to a general excise tax charge?
A: No. The deposit is the tenant’s money held by the landlord.
Q: Are final inspections required?
A: Not by law, but they are considered a good way to prevent further disputes.
Q: After an inspection of the premises, are landlords required to give the tenants a second chance to correct those conditions found unsatisfactory?
A: Not by law. It is advisable for tenants to have everything in order prior to inspection. In practice, many landlords do give tenants a second chance, thereby saving the time it would otherwise take for the landlord to have the conditions corrected. If an inspection is made prior to an agreed upon termination date, it would be reasonable to allow the tenant an opportunity to make the required corrections prior to that date.
Q: What can the tenant do to insure full refund of the deposit?
A: To insure full refund a tenant should:
- Repair all damages to the unit caused during the tenancy. Damages include such things as holes put into walls for the hanging of pictures. Any holes should be puttied and repainted.
- Clean the unit thoroughly.
- Return all keys on the termination date. Taxes Q May the landlord increase the rent by an amount equal to the landlord’s general excise tax obligation?
A: Yes. The landlord must pay an excise tax of 4 percent for rent received because it is gross revenue. This cost may be added to the base amount. However, the addition of the increment and the percentage must be stated in the rental agreement.
Q: What is transient accommodations tax?
A: This is a six percent (6%) tax (effective 6/94) on the amount paid for lodging by any person who takes accommodations which he or she does not intend to make a permanent home. The types of lodgings include, but are not limited to, rooms, apartments or suites which are usually occupied for less than 180 consecutive days.
Q: Is there a grace period for paying rent?
A: Not in the Landlord/Tenant Code. Many landlords permit a certain number of days beyond the due date to pay rent without penalty and many rental agreements include such a provision. If not otherwise stated, rent is due on the due date.
Q: Are there any limits on how often a landlord can increase the rent or the amount by which a landlord can increase the rent?
A: The landlord must give “adequate” written notice of the intent to increase the rent according to the type of tenancy (see chart). There is no limit on the amount of the rent increase as there is no rent control in Hawaii.
Q: How much notice must be given by the landlord or tenant to terminate a tenancy at the expiration of a lease? To increase rent after the expiration of the lease?
A: No notice is required in either case.
A: lease is a contract for a set period of time at a set rate. In order to continue the tenancy beyond the expiration of the lease, new terms would have to be negotiated. It is recommended that either the landlord or tenant advise the other of their intention to continue or terminate the agreement after its expiration to avoid misunderstanding and unnecessary problems. This applies equally to changing the amount of rent to be paid, also. If the landlord wishes to terminate the tenancy, the tenant must vacate the unit or become a holdover tenant (see TERMINATION OF TENANCY: “Holdover”). Abandoned Possessions.
Q: How may the landlord dispose of a tenant’s abandoned possessions?
A: The landlord may sell the abandoned possessions in a commercially responsible manner or store the possessions at the tenant’s expense, or donate the possessions to a charitable organization. Before selling or donating the possessions, the landlord must mail a notice of his intent to sell or donate the possessions to the tenant at the tenant’s forwarding or last known address. In addition, after the 15-day notification before selling the possessions, the landlord must advertise the sale in a daily paper of general circulation for at least three consecutive days. The proceeds of the sale of possessions under subsection (a) shall, after deduction of accrued rent and costs of storage and sale, including the cost of advertising, be held in trust for the tenant for 30 days, after which time the proceeds shall be forfeited to the landlord.
Discrimination in Real Property Transactions.
Q: If an individual believes that he or she has been denied housing on the basis of race, sex, color, religion, marital status, ancestry, handicapped status, HIV (human immunodeficiency virus) infection, or because his or her family includes children, to which agency may the individual direct a complaint?
A: Cases involving discrimination in housing are now handled by the State Civil Rights Commission, a branch of the State Department of Labor and Industrial relations, telephone number 586-8636.
The U.S. Department of Housing and Urban Development handles complaints against landlords who violate federal Fair Housing provisions, telephone number 522-8181.
Hawaii’s Landlord/Tenant Code Deadline:
Return of Security Deposit:
- Week to Week: fourteen (14) days after rental termination.
- Month to Month: fourteen (14) days after rental termination Lease.
Notice of Rent Increase:
- Week to Week: fifteen (15) days notice.
- Month to Month: forty five (45) days notice
Notice of termination of rental:
- Week to Week; 10 days notice.
- Month to Month: Forty five (45) days written notice from landlord to tenant—, twenty eight (28) days written notice from tenant to landlord.
Notice of Conversion to Condominium:
- One hundred and twenty (120) days. (note): It is recommended that either landlord or tenant give notice of intent prior to lease expiration. (from 1991 Legislative session: After 45 days written notice from the landlord, the tenant may vacate the unit at any time within the last 45 day period and is responsible for payment of prorated rent for the period that the premises are occupied and for notifying the landlord of the day of vacating.
Notice of voluntary demolition:
- One hundred and twenty (120) days.
Notice of Conversion to Transient Vacation Rental:
- One hundred (120) days. (note): The tenant may vacate the unit at any time within the 120-day period, so long as the tenant notifies the landlord of the day of vacating and shall pay a prorated rent for the period the premises are occupied.
General Repair Schedule:
- Week to Week: 12 business days.
- Month to Month: 12 business days.
- Lease: 12 business days.
*****(note) landlord must start repairs within 12 days after being notified or explain why they cannot be done at that time.*****
Emergency Repairs:
- Week to Week: 3 business days.
- Month to Month: 3 business days.
- Lease: 3 business days.
*****note(s): (repairs necessary to provide sanitary & habitable conditions) (landlord must take steps to correct within 3 business days or tenant may have repairs done and deduct cost from rent).*****
Notice of Intent to Enter:
- Week to Week: 2 days.
- Month to Month: 2 days.
- Lease: 2 days.
Wrongfully quit rental:
- Week to Week: 20 days.
- Month to Month: 20 days. If tenant is absent without notice for 20 days, he is considered to have “wrongfully quit” premises. However, the tenant will not be considered absent during any period for which rent has been paid.
- Lease: 20 days.
Improper Use:
- Week to Week: 10 days.
- Month to Month: 10 days to remedy.
- Lease: 10 days.
Failure to Pay Rent:
- Week to Week: five (5) days.
- Month to Month: five (5) days.
- Lease: five (5) business days.
*****note: five (5) business days after notice, rent must be paid or landlord may sue for eviction.*****
Failure to Disclose:
- Week to Week: ten (10) days.
- Month to Month: ten (10) days.
- Lease: ten (10) days
*****note: If requested by tenant, landlord must disclose names of owners and agents.*****
Security Deposit:
- Week to Week: twenty (20) days.
- Month to Month: twenty (20) days. if owner sells or transfer interest, tenant must be given a statement of security deposit amount by new owner.
- Lease: twenty (20) days. Notice must be written *Return postmark before midnight of 14th day.
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