Haw. Rev. Stat. § 521 § 521-21
Rent.
Operative Text
(a) The landlord and tenant may agree to any consideration, not otherwise prohibited by law, as rent. In the absence of such agreement, and subject to section 521-71(e) in the case of holdover tenants, the tenant shall pay to the landlord the fair rental value for the dwelling unit. (b) Rents shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of any term for one month or less, and for longer terms in equal monthly installments payable at the beginning of each month. When a rental agreement with a public assistance recipient requires that the rent be paid on or before the third day after the day on which the public assistance check is usually received, the tenant shall have the option of establishing a new due date by making a one-time payment to cover the period between the original due date and the newly established date. The new date shall not exceed by more than three days, excluding Saturdays, Sundays, and holidays, the date on which checks are mailed. The one-time payment shall be established by dividing the monthly rental by thirty and multiplying the result by the number of days between the original and the new due dates. (c) Except as otherwise provided in subsection (b), rent shall be uniformly apportionable from day to day. (d) When the tenancy is from month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given forty-five consecutive days prior to the effective date of the increase. (e) When the tenancy is less than month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given fifteen consecutive days prior to the effective date of the increase. (f) Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due. [L 1972, c 132, pt of §1; am L 1974, c 180, §1; am L 1978, c 124, §1; am L 1989, c 383, §2; am L 2017, c 179, §1]
Hawaii Revised Statutes § 521-21 establishes the foundational rules governing rent in residential tenancies. Parties may agree on any lawful rent amount, but if no agreement exists, the tenant owes the fair rental value of the unit. Payment timing defaults to the beginning of the rental term unless the parties agree otherwise, and public assistance recipients have a specific option to shift their due date. Rent increases require advance written notice—45 consecutive days for month-to-month tenancies and 15 consecutive days for shorter tenancies—and any late fee charged under a rental agreement is capped at 8% of the rent due.
Plain English — not legal advice.
Under § 521-21, compliant operators document the agreed rent amount and payment schedule clearly in the rental agreement to avoid disputes over fair rental value. For month-to-month tenancies, operators provide written notice of any rent increase at least 45 consecutive days before it takes effect; for shorter tenancies, at least 15 consecutive days' written notice is required. When a rental agreement includes a late charge provision, operators ensure that charge does not exceed 8% of the rent amount due, and they accommodate the due-date adjustment process for public assistance recipients as outlined in subsection (b).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 521-21 gives tenants in Hawaii clear protections around rent payment and increases. If you are on a month-to-month lease, your landlord must provide at least 45 consecutive days' written notice before a rent increase takes effect, and any late fee in your agreement cannot exceed 8% of the rent owed. If you receive public assistance, you have the right under subsection (b) to request a one-time due-date adjustment tied to when your assistance check arrives; tenant-rights organizations in Hawaii can help you understand how these protections apply and what options exist if a landlord does not follow the notice or late-fee requirements.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation