Haw. Rev. Stat. § 666 § 666-21

Rent trust fund.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiRent Withholding

Operative Text

Haw. Rev. Stat. § 666 § 666-21
(a) At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subsection (c), and in the case of a proceeding in which a rent increase is in issue, the amount of the rent prior to the increase; provided that the tenant shall not be required to deposit any rent where the tenant can show to the court's satisfaction that the rent has already been paid to the landlord; provided further that if the parties had executed a written instrument agreeing that the rent could be withheld or deducted, the court shall not require the tenant to deposit rent into the fund. No deposit of rent into the fund ordered under this section shall affect the tenant's rights to assert either that payment of rent was made or that any grounds for nonpayment of rent exist under this chapter.
(b) If the tenant is unable to comply with the court's order under subsection (a) in paying the required amount of rent to the court, the landlord shall have judgment for possession and execution shall issue accordingly. The writ of possession shall issue to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11, ordering the sheriff, deputy sheriff, police officer, or independent civil process server to remove all persons and possessions from the premises, and to put the landlord, or the landlord's agent, into full possession of the premises.
(c) The court in which the dispute is being heard shall accept and hold in trust any rent deposited under this section and shall make payments out of money collected as provided in this section. The court shall order payment of the money collected or portion thereof to the landlord if the court finds that the rent is due and has not been paid to the landlord and that the tenant did not have any basis to withhold, deduct, or otherwise set off the rent not paid. The court shall order payment of the money collected or portion thereof to the tenant if the court finds that the rent is not due or has been paid, or that the tenant had a basis to withhold, deduct, or otherwise set off the rent not paid.
(d) The court, upon finding that either the landlord or the tenant raised the issue of payment or nonpayment of rent in bad faith, shall order that person to pay the other party reasonable interest on the rent deposited into the trust. [L 1984, c 211, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §11; am L 2013, c 116, §§19, 25(18); am L 2015, c 101, §4; am L 2021, c 41, §19; am L 2022, c 278, §17]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 666-21 establishes a rent trust fund mechanism for use during court proceedings where the payment or nonpayment of rent is disputed. When either party requests it, the court can order the tenant to deposit disputed rent into the court's custody as it comes due, rather than paying it directly to the landlord or withholding it entirely. The court then holds those funds in trust and distributes them—to the landlord, the tenant, or some combination—based on its findings about whether rent was owed and whether any basis for withholding existed. If either party raised the dispute in bad faith, the court may order that party to pay the other reasonable interest on the deposited funds.

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

Plain English — not legal advice.

For Property Managers

Under Haw. Rev. Stat. § 666-21, landlords involved in a court dispute over rent payment have the option to request that the court order the tenant to deposit disputed rent into a court-held trust fund as it becomes due. Compliant operators generally document all rent payments and communications carefully so they can demonstrate to the court that rent is due and unpaid. If a tenant fails to comply with the court's deposit order, § 666-21(b) provides that the landlord may be entitled to a judgment for possession, including a writ directing law enforcement to restore the landlord to full possession of the premises.

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

For Tenants

Haw. Rev. Stat. § 666-21 gives tenants in rent-dispute court proceedings the right to request—or respond to a request for—a court-supervised trust fund arrangement, so that disputed rent is held by the court rather than being paid directly to the landlord or simply withheld. Importantly, depositing rent into the fund under this section does not waive a tenant's right to argue that rent was already paid or that a valid legal basis for nonpayment exists under Chapter 666. Tenants who believe they have grounds to withhold or offset rent may wish to consult a tenant-rights organization or legal aid provider familiar with § 666-21 to understand the range of options available in a court proceeding.

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. § 353C-11
Not yet ingested

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 666-2

Related Rules

§ 127F
Court order regarding rental payments; disbursement of funds; receiver
§ 47a-12
Breach of agreement by landlord. Tenant's remedies.
§ 302-A
Abatement of rent in the case of serious violations

Source Information

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Fetched:Oct 23, 2026, 07:11 AM UTC