Can a Landlord Shut Off Electricity for Non-Payment in Hawaii?

If you're renting in Hawaii and facing difficulty with utility payments, it's crucial to understand your rights around electricity shut-offs. Landlords and tenants often share responsibility for utilities, leading to confusion in cases of non-payment. This article explains when (if ever) landlords can lawfully disconnect electricity, what the law says, and outlines steps renters can take if threatened with a power shut-off in Hawaii.

What Hawaii Law Says About Utility Shut-Offs

Under Hawaii Revised Statutes § 521-74 (part of the Hawaii Residential Landlord-Tenant Code), it is illegal for a landlord to willfully shut off or diminish essential utilities such as electricity, water, or gas to force a tenant to pay rent or leave the property. This protection applies even if you are behind on rent or utility payments. Landlords must use the appropriate legal eviction process and cannot engage in "self-help" methods.

• Electricity is considered an essential service under Hawaii law.
• Landlords cannot shut off your electricity due to non-payment of rent or utilities; doing so is a prohibited act.
• Utility shut-off for maintenance or emergency repairs may be permitted but must be temporary and with notice where possible.

The Hawaii Landlord-Tenant Code strictly regulates these situations to protect renters.

Legal Eviction Is Required for Non-Payment

If you are behind on payments (either rent or utilities), landlords must provide proper notice and file for eviction through the legal system—they cannot take matters into their own hands. The governing body in Hawaii for residential tenancy disputes is the Hawaii District Court.

Landlords who violate these rules may face penalties. You may be able to claim damages or file a complaint if an illegal shut-off occurs.

What to Do If Your Electricity Has Been Shut Off by Your Landlord

If you discover your landlord has intentionally disconnected your electricity, you have legal options. Here's a summary:

• Contact your landlord in writing and request immediate restoration of service.
• Keep detailed records of the outage and all communication.
• You may file a complaint in Hawaii District Court.

Relevant Official Forms and How to Use Them

• Landlord-Tenant Complaint (Form 1DC34)
  Download Form 1DC34
  When to use it: If your landlord has illegally shut off your electricity and does not restore it after your written request, you can file this complaint with the Hawaii District Court. Example: You return home and find your power disconnected by the landlord; after written notice yields no response, you submit Form 1DC34 at the courthouse to seek relief.

For guidance on submitting the form, see the Hawaii Judiciary’s Landlord/Tenant Self-Help page. Always retain copies for your records.

Notice Requirements for Utility Shut-Offs in Hawaii

Landlords cannot intentionally reduce or cut off electricity for non-payment. The only exceptions are temporary outages for repairs, emergencies, or if the utility provider (not the landlord) discontinues service for standard non-payment procedures. In all cases, if the landlord is responsible for paying the electricity and fails to do so, you are entitled to compensation or legal remedies.

Summary of Renter Protections

• Landlords may not legally shut off electricity as leverage for rent or utility payments.
• Shut-offs must only occur by the utility company for non-payment—not by a landlord’s actions.
• You can access quick court relief if your landlord violates this rule.

1. Can my landlord legally disconnect my electricity in Hawaii for unpaid rent?
   No. Hawaii law prohibits landlords from shutting off electricity as a way to force payment or evict a tenant. Only the utility company can disconnect service, and only after following their procedures.^[1]
2. What should I do if the power is cut and I suspect my landlord is responsible?
   Document the outage and communications, then send a written demand to your landlord to restore power. If unresolved, file a complaint in Hawaii District Court using the appropriate form.^[2]
3. Are there penalties for landlords who break this law?
   Yes. Courts can award tenants up to two months’ rent or free occupancy, plus costs and attorney’s fees, for illegal utility shut-offs.^[1]
4. What official tribunal handles landlord-tenant complaints in Hawaii?
   The Hawaii District Court oversees all residential landlord-tenant disputes in the state.
5. Is my landlord still responsible if the utility is in their name?
   Yes. If the landlord is the account holder and fails to pay, causing a shut-off, tenants can seek immediate legal remedies.^[1]

Need Help? Resources for Renters

• Hawaii Judiciary Landlord/Tenant Self-Help Center — Official information on tenant rights and forms.
• State of Hawaii Landlord-Tenant Information Office — Mediation, rights, and complaint guidance.
• Legal Aid Society of Hawaii — Free or low-cost assistance for Hawaii renters.
• Hawaii Residential Landlord-Tenant Code — Full legislation text.

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1. HRS § 521-74 — Hawaii Revised Statutes: Prohibited Practices
2. Hawaii District Court — Landlord/Tenant Disputes

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