Hawaii Early Lease Termination Fees: What Renters Need to Know

Ending a rental lease early in Hawaii can be stressful, especially if you’re worried about extra fees or your rights as a renter. Understanding early lease termination fees and Hawaii tenant protections can help you make informed choices whether you need to move for a job, family reasons, or other life changes. This guide explains the state’s rules, potential costs, what you must do, and where to turn for help.

When Can Hawaii Renters Legally End a Lease Early?

In Hawaii, a lease agreement is a binding contract between you and your landlord. Unless the lease itself provides a way to terminate early, moving out before the lease ends can lead to financial penalties, typically called early lease termination fees.

• If you break your lease without a legally valid reason, your landlord may hold you responsible for paying rent until they find a new tenant or until your lease expires—whichever comes first.
• Common valid reasons allowed by state law to end a lease early include:
• Active military duty (protection under the Servicemembers Civil Relief Act).
• Unsafe or uninhabitable living conditions that the landlord failed to fix, per Hawaii’s Residential Landlord-Tenant Code.
• Domestic violence protections (see more: Landlord-Tenant Information: Domestic Violence).

Always check your lease for any early termination clause. Some leases clearly outline the steps, fees, or notice required to leave early. If not, the protections and procedures in Hawaii’s Residential Landlord-Tenant Code apply.^[1]

How Are Early Lease Termination Fees Calculated in Hawaii?

Hawaii law does not cap early lease termination fees. However, your landlord must try to re-rent the unit to minimize losses (a legal concept called "mitigation of damages"). If successful, you only owe rent up to the day a new tenant starts—plus any reasonable costs allowed under your lease.

• If your lease has a flat "early termination fee," that amount may apply—but only if the fee is clearly stated and reasonable.
• Landlords cannot keep charging rent if the unit gets re-rented before your old lease ends.
• Other fees may include advertising costs or cleaning, but only if specified in your lease and allowed by law.

For more details, see the rules in Hawaii's Landlord-Tenant Handbook.

Required Forms and Notice for Early Lease Termination

It’s important to notify your landlord in writing if you intend to end your lease early. Hawaii does not have a statewide mandated form, but you should provide a clear, dated letter stating your intention to vacate. If you are terminating due to military service or domestic violence, specific documentation may be required.

Commonly Used Notices

• Written Notice to Vacate (no official form number):
  • When to use: Any time you plan to leave a rental before the lease ends.
  • How: Give your landlord written notice, stating the date you’ll leave and your reason for ending the lease early. Keep a copy for your records.
• Servicemembers Civil Relief Act (SCRA) Notice:
  • When to use: If you’re called to active military duty, provide your landlord with written notice and a copy of your orders.
  • Learn about your SCRA rights here

If You and Your Landlord Disagree

If you believe you’re being unfairly charged or the landlord won’t honor your valid reason for early termination, you may contact the Office of Consumer Protection’s Landlord-Tenant Branch, the state tribunal that handles residential tenancy issues.

• The Office offers advice, investigates complaints, and may provide informal dispute resolution.
• You can file a formal complaint if needed using the Landlord-Tenant Complaint Form.

For more on your legal protections, consult the Hawaii Residential Landlord-Tenant Code.^[2]

Common Steps for Early Lease Termination in Hawaii

Follow these steps to help make early lease termination less stressful:

• Review your lease for any early termination clauses and specific notice requirements.
• Write and deliver a notice stating your intent and your proposed move-out date.
• Include any required documentation (such as military orders or evidence of unsafe conditions).
• Request confirmation from your landlord in writing.
• Document the condition of your unit at move-out (photos, checklist).
• Return all keys and provide a forwarding address for your security deposit.

FAQ: Early Lease Termination Fees and Your Rights in Hawaii

1. Can my landlord charge me an early termination fee in Hawaii even if the lease is silent on the issue?
   If your lease does not mention a specific fee, your landlord may still seek rent payments until a new tenant is found or the lease ends, but cannot charge arbitrary penalties.
2. Do I have to pay early termination fees if my apartment is unsafe or uninhabitable?
   No. If your landlord fails to maintain a safe or livable unit after notice, you may have grounds to terminate your lease without penalty under the Hawaii Landlord-Tenant Code.
3. What if I need to break my lease for military relocation or domestic violence?
   Both situations provide state and federal protections allowing early termination with proper notice and documentation. No termination fee should apply in these circumstances.
4. How do I dispute an unfair early termination fee?
   You can contact the Hawaii Office of Consumer Protection’s Landlord-Tenant Branch, file a complaint, or seek mediation services for help resolving disputes.
5. Are there official forms required to end my lease early?
   No official state form is required for most cases. However, for complaints or special circumstances (like military service), additional documentation may be needed.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection: Landlord-Tenant Information – For general tenant rights, complaint forms, and guidance
• Hawaii Landlord-Tenant Handbook – Complete guide to the state’s rental laws
• Landlord-Tenant Complaint Form – To file a complaint with the tribunal
• Residential Landlord-Tenant Code (Haw. Rev. Stat. Chapter 521) – Hawaii's main tenancy legislation

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1. Hawaii Residential Landlord-Tenant Code (Haw. Rev. Stat. Chapter 521)
2. Hawaii Office of Consumer Protection – Landlord-Tenant

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