Demanding Rental Repairs Before Move-In in Hawaii

Planning to move into a new rental unit in Hawaii? It's important to make sure your future home is safe and in good condition before signing the lease or handing over any money. Hawaii law gives renters the right to demand repairs for health and safety issues before move-in. Taking action early can help you avoid disputes or unsafe living conditions once you've settled in.

Understanding Your Right to a Habitable Home in Hawaii

Under the Hawaii Residential Landlord-Tenant Code, landlords are legally required to provide and maintain rental units in a habitable condition. This means:

• All plumbing, electricity, and appliances must be in good working order.
• The unit must be clean and free from infestations (insects, rodents).
• Locks and windows should function properly for your security.
• There must be adequate water, hot water, and safe heating systems.

The Hawaii Department of Commerce & Consumer Affairs (DCCA) enforces these rules. If essential repairs are needed before you move in, you have the right to request them in writing from your landlord.¹

How to Inspect and Document the Rental Before Move-In

Before signing any lease, take these important steps to protect your rights:

• Schedule a walk-through inspection with your landlord or property manager.
• Use a checklist (see official form below) to note any damage or safety concerns.
• Take photos or videos with clear timestamps as evidence.

Official Inspection Form: Hawaii Rental Property Condition Checklist

Form Name: Hawaii Condition of Premises Checklist (No official state form number).

When and How to Use: Complete this checklist before moving in and, ideally, in the presence of your landlord. List every defect or repair needed, from faulty appliances to leaky faucets. Have both you and your landlord sign and retain a copy. If you spot urgent health or safety hazards (like broken windows, mold, or non-working smoke alarms), note these specifically and reference them when requesting repairs.

• Download an official sample Hawaii Condition of Premises Checklist from the DCCA.

How to Demand Repairs Before You Move In

Once you’ve identified issues, it's important to provide your landlord with a clear, written repair request. Hawaii law does not require you to use a special form, but your demand should:

• Be in writing (letter or email accepted)
• List each repair needed and reference your inspection checklist
• Request repairs be completed before move-in or lease signing
• Include your contact information and a deadline for completion (typically 3-5 business days for non-emergencies)

You can use the checklist as an attachment. If repairs are not completed, you may:

• Delay move-in or negotiate a reduced rent until repairs are done
• Refuse to sign the lease or pay any deposit until your concerns are addressed

What If the Landlord Ignores Your Repair Request?

If your landlord does not address urgent repairs before you move in, consider these options:

• Contact the DCCA Landlord-Tenant Center for advice
• File a formal complaint using the Landlord-Tenant Complaint Form
• If you have already given a deposit, seek guidance from the DCCA on how to recover your money

Hawaii Tribunal Handling Tenancy Disputes

The Hawaii Landlord-Tenant Center (run by the DCCA) offers information and resolves some disputes. Unresolved issues, such as deposit disputes or claims for uncompleted repairs, may go to Hawaii Small Claims Court.

FAQ: Common Questions about Demanding Repairs Before Move-In in Hawaii

1. Can a landlord refuse to fix things before I move in?
   Landlords in Hawaii are legally required to deliver rentals in habitable condition. They cannot refuse to fix health or safety hazards before move-in. For non-essential repairs, you can negotiate or delay lease signing.
2. What repairs are considered urgent under Hawaii law?
   Urgent repairs include problems affecting plumbing, electricity, heat, water supply, security, or safety—such as leaky roofs, broken locks, or faulty appliances.
3. Should I pay a deposit before repairs are made?
   It's safest not to pay a deposit or sign a lease until essential repairs are completed. If you must pay, get a dated written agreement listing repairs and completion deadlines.
4. What happens if repairs are not done after I move in?
   You can make a formal written request, and if the landlord still doesn’t respond, contact the DCCA Landlord-Tenant Center or consider Small Claims Court for unresolved issues.
5. Is the Hawaii Condition of Premises Checklist required?
   While not legally required, it strongly protects renters by documenting the rental's condition, helping avoid security deposit disputes.

Key Takeaways: Protecting Your Rights as a Renter

• Inspect before you move in, document issues, and demand repairs in writing.
• Do not sign a lease or pay until urgent repairs are complete.
• The Hawaii Residential Landlord-Tenant Code protects your right to a safe, habitable home.

Being informed helps you move into your new home with confidence and security.

Need Help? Resources for Renters

• Hawaii Landlord-Tenant Center (DCCA) — Official advice, dispute resolution, and complaint filing.
• Hawaii Condition of Premises Checklist (PDF) — Document your inspection.
• Hawaii Small Claims Court — For unresolved repair or deposit disputes.
• Hawaii Landlord-Tenant Handbook — Plain-language summary of your rights and obligations.

---

1. Hawaii Revised Statutes Chapter 521 — Residential Landlord-Tenant Code
2. Hawaii Department of Commerce & Consumer Affairs — Landlord-Tenant Center
3. Official Hawaii Condition of Premises Checklist PDF
4. Hawaii State Judiciary — Small Claims Court

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations