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Rent Regulations

Haw. Rev. Stat. § 521 § 521-63

Tenant's remedy of termination at any time; unlawful removal or exclusion.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiConstructive Eviction

Operative Text

Haw. Rev. Stat. § 521 § 521-63
(a) If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
(b) If the condition referred to in subsection (a) was caused wilfully or negligently by the landlord, the tenant may recover any damages sustained as a result of the condition.
(c) If the landlord removes or excludes the tenant from the premises overnight without cause or without court order so authorizing, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to two months rent or free occupancy for two months, and the cost of suit, including reasonable attorney's fees. If the rental agreement is terminated, the landlord shall comply with section 521-44(c). The court may also order any injunctive or other equitable relief it deems proper. If the court determines that the removal or exclusion by the landlord was with cause or was authorized by court order, the court may award the landlord the cost of suit, including reasonable attorney's fees if the attorney is not a salaried employee of the landlord or the landlord's assignee. [L 1972, c 132, pt of §1; am L 1981, c 235, §2; gen ch 1985]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 521-63 establishes two distinct protections for tenants. First, when a condition in a rental unit substantially deprives a tenant of the benefit of their rental agreement, the tenant may give written notice and, if the landlord fails to remedy the situation within one week, terminate the tenancy — though no notice is required when the unit is uninhabitable or poses an imminent health or safety threat. Second, if a landlord unlawfully removes or locks out a tenant overnight without cause or a court order, the tenant is entitled to either reclaim possession or terminate the agreement and recover damages equal to two months' rent, plus court costs and reasonable attorney's fees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

Under § 521-63, property owners and managers are generally expected to respond promptly — within one week — to written tenant notices describing conditions that substantially impair the tenant's use and enjoyment of the unit. Landlords who willfully or negligently cause such conditions may face liability for any damages the tenant sustains as a result. Critically, removing or excluding a tenant from the premises overnight without a valid cause or a court order authorizing such action exposes the landlord to significant financial liability, including a statutory damages award equal to two months' rent and the tenant's attorney's fees.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 521-63 gives tenants the right to terminate a rental agreement when a serious condition substantially undermines the benefit of their tenancy, provided they first give the landlord written notice and allow one week to remedy the problem — though that notice requirement is waived when the unit is uninhabitable or poses an imminent health or safety threat. If a landlord caused the condition willfully or negligently, tenants may also pursue a claim for actual damages. Tenants who have been locked out or removed overnight without cause or a court order may seek to recover possession or terminate the agreement and pursue two months' rent in damages plus attorney's fees, and may wish to consult a tenant-rights organization or legal aid office familiar with Hawaii landlord-tenant law for guidance on available enforcement paths.

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

Current
Oct 23, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Haw. Rev. Stat. § 521-44

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-71
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-70
Haw. Rev. Stat. § 521-70
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-62
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-43
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-53
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-72
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-53
Haw. Rev. Stat. § 521-63
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-80
Haw. Rev. Stat. § 521-80
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-68
Haw. Rev. Stat. § 521-71
Haw. Rev. Stat. § 521-44

Related Rules

§ 47a-14
Damage or destruction of unit. Tenant's remedies.
§ 227
When tenant may surrender premises
§ 21-83d
Damage or destruction of unit or premises. Noncompliance by owner with rental agreement or statutory responsibilities. Resident's remedies.

Source Information

Source:https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0063.htm
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