Breaking a Lease Early in Hawaii: Renter Penalties & Options

Ending your rental lease early in Hawaii can be stressful, but knowing your rights and obligations can save you money and avoid legal trouble. Whether you must move for work, face loss of income, or need to leave for safety reasons, Hawaii law provides specific rules for breaking a lease early. Understanding possible penalties, legal exceptions, and how to use the required forms can help you make the best decision for your situation.

Hawaii Laws on Early Lease Termination

Hawaii’s tenant and landlord rules are governed by the Hawaii Residential Landlord-Tenant Code (Hawai‘i Revised Statutes Chapter 521).

Common Reasons Renters Break Leases Early in Hawaii

• Job relocation or military transfer
• Unsafe living conditions
• Domestic violence situations
• Personal emergencies or health issues

Some reasons are legally protected and may allow you to terminate the lease without penalties. For others, you may face financial consequences.

Penalties for Breaking a Lease in Hawaii

If you break your lease without legal justification, your landlord may require you to pay:

• Rent owed for the remainder of the lease (unless the unit is re-rented quickly)
• Reasonable re-renting costs (like advertising)
• Potential loss of your security deposit

However, your landlord must make reasonable efforts to re-rent the apartment within a reasonable time to minimize your owed rent (Section 521-70, HRS).

Legal Reasons You Can End a Lease Without Penalty

The Hawaii Residential Landlord-Tenant Code protects renters in certain situations:

• Active military duty: If called to active duty or receive orders that require you to move at least 35 miles from your rental, you can terminate your lease under the federal Servicemembers Civil Relief Act (SCRA).
• Uninhabitable conditions: If the unit violates health/safety standards and the landlord fails to make repairs, you may have the right to move out (see HRS § 521-42).
• Domestic violence: Hawaii allows victims of domestic violence to terminate a lease early by providing the proper documentation (HRS § 521-80).

Required Forms and Notifications

• Notice to Vacate: When breaking a lease for legal reasons, you must provide written notice. Hawaii law generally requires at least 28 days’ notice for month-to-month and as specified in your lease for fixed-term rental. No official statewide form number is required, but you should include:
  • Your name and address
  • The date you will vacate
  • The reason (with supporting documentation if domestic violence or military service)

  Sample templates are available on the Hawaii Department of Commerce & Consumer Affairs website.

  How to use: Submit to your landlord by certified mail or personal delivery. Keep a copy for your records.

What the Landlord Must Do

After receiving your notice, your landlord must attempt to find a new tenant. If successful, you are only liable for rent up until that date. The landlord must also return your security deposit, minus any damages beyond normal wear and tear, following HRS § 521-44.

Process for Breaking a Lease Legally

• Review your lease for any early termination clauses
• Check if your reason is covered by state or federal law
• Gather all supporting documents (e.g., military orders, protection orders)
• Give your landlord proper written notice with documentation
• Keep records of all communications

If your situation is not legally protected, try to negotiate a mutual termination with your landlord to possibly reduce penalties.

Where to Get Help: Hawaii Resolution and Assistance Board

Hawaii does not use a separate housing tribunal. Residential tenancy disputes are typically handled by the State of Hawaii Landlord-Tenant Information Center, and if necessary, through Hawaii District Courts.

For detailed guidance, visit the Hawaii State Judiciary Landlord/Tenant Self-Help page.

Frequently Asked Questions about Breaking a Lease in Hawaii

1. Can I break my lease early if I get a new job out of state?
   Job relocation is not a legal reason to break a lease without penalty unless specifically allowed in your lease. However, landlords often accept negotiation if they can quickly re-rent.
2. What happens to my security deposit if I move out early?
   Your landlord can deduct unpaid rent or damages from your deposit, but must make a reasonable effort to re-rent the unit and return any remainder as outlined in HRS § 521-44.
3. What notice do I need to give if I am a victim of domestic violence?
   You must provide written notice and documentation such as a protective order. You’ll be released from the lease 14 days after notice, protected by HRS § 521-80.
4. Is there an official Hawaii form for breaking a lease?
   There is no mandatory statewide form, but you must provide proper written notice with details and documentation. Templates are available from the DCCA Sample Forms page.
5. Who do I contact if my landlord refuses to accept my termination notice?
   Contact the Landlord-Tenant Information Center and, if needed, your local District Court for formal dispute resolution.

Key Takeaways for Hawaii Renters

• Breaking a lease early in Hawaii can result in penalties, unless protected by law or mutual agreement.
• Legal exceptions include military duty, uninhabitable conditions, and domestic violence—with written notice and evidence required.
• Always communicate in writing, document your situation, and seek guidance from official Hawaii tenant support services if in doubt.

Need Help? Resources for Renters

• State of Hawaii Landlord-Tenant Information Center — Call (808) 586-2634 for free assistance
• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521) — Full legislation text for renters
• Sample rental forms and notice templates — From Hawaii Department of Commerce & Consumer Affairs
• Hawaii State Judiciary Landlord/Tenant Self-Help — Dispute resolution resources

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. State of Hawaii Landlord-Tenant Information Center
3. Servicemembers Civil Relief Act (SCRA) – U.S. Department of Justice
4. Hawaii State Judiciary Landlord/Tenant Self-Help
5. Hawaii DCCA Sample Rental Forms

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