Hawaii Renters' Rights During Storms and Floods

Living in Hawaii means facing the possibility of hurricanes, storms, and flooding. As a renter, it's essential to know your emergency rights and the responsibilities of your landlord during natural disasters. This article explains the protections provided under Hawaii law, what to do if your rental is damaged, and where to get official help.

Your Rights as a Renter When Storms or Floods Strike

The law protects renters when natural disasters affect their home. Hawaii’s main tenant protection law is the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)^[1]. This law applies statewide and outlines both renter and landlord obligations.

• Safe and Habitable Home: Your landlord must keep the property safe, sanitary, and livable—even after a storm or flood.
• Urgent Repairs: Landlords are responsible for fixing storm damage that makes the home unhealthy or unsafe.
• Temporary Relocation or Rent Reduction: If major repairs are needed and you can’t live there, you may get relief from paying rent or end your lease early in some cases.

What Happens if Storm Damage Makes Your Home Unlivable?

If your home becomes uninhabitable due to storms or flooding:

• Notify your landlord in writing as soon as possible.
• Your landlord generally has three business days to start urgent repairs after notice.
• If repairs are not made within the legal timeframe, you may have the right to terminate the lease without penalty or seek a rent reduction.

In urgent situations, you can also report unsafe conditions to county authorities. If needed, the matter may reach the Hawaii District Court, which handles landlord-tenant disputes^[2].

Emergency Repair Process and Official Forms

Knowing what steps to take when emergency repairs are required protects your rights and ensures a faster response:

• Always send a written notice to your landlord describing the damage and needed repairs.
• If repairs are not made promptly, you may use the Notice to Landlord to Correct Conditions (Hawaii RLTC, no standard form number) as your official written request. Download instructions and a sample notice from the Hawaii Office of Consumer Protection.
• Keep copies of all your communications.

If you need to terminate your lease because your home is unlivable, you may also provide a written "Notice of Termination" (no standard state form; follow examples offered by the Hawaii Office of Consumer Protection).

Your Security Deposit in a Disaster

Your landlord cannot keep your security deposit for damage clearly caused by a natural disaster, not by your own actions. Always document the condition of the home when you move out.

What to Do If Your Landlord Doesn’t Respond

If you have followed all proper steps and your landlord doesn’t make urgent repairs:

• Contact county building or health departments for immediate safety risks.
• You can contact Hawaii’s Office of Consumer Protection (visit their Landlord-Tenant Hotline) for advice and next steps.
• As a last resort, file a complaint or action with the Hawaii District Court.

Frequently Asked Questions

1. What should I do first if storm or flood damage makes my Hawaii rental unlivable?
   Promptly notify your landlord in writing and document the damage with photos or video.
2. Can my landlord evict me for asking for storm repairs?
   No. Under Hawaii law, landlords cannot retaliate against you for requesting repairs or reporting unsafe conditions.
3. Do I keep paying rent if I have to move out for repairs?
   In many cases, your rent may be reduced or suspended while major repairs are underway. You may also be able to terminate your lease without penalty in extreme cases.
4. Does my landlord have to pay for my hotel if the unit is unlivable?
   Hawaii law does not require landlords to pay for temporary lodging, but you may be able to suspend rent or terminate your lease. Some renters insurance policies can help cover these costs.
5. Where can I get help if my landlord isn’t acting quickly?
   Contact the Hawaii Office of Consumer Protection or your county housing department for help and guidance.

Key Takeaways for Renters

• Hawaii law protects renters’ rights during storms and floods—your landlord must keep your home safe and repaired.
• Use written notices and official sample forms for all communication; keep documentation.
• If your rental is unsafe and the landlord won’t act, seek help from government agencies or, if necessary, the courts.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection – Landlord-Tenant Hotline (808-586-2634)
• Hawaii District Court – Landlord-Tenant Division
• Hawaii Department of Health – Report unsafe housing conditions
• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. Hawaii District Courts – Landlord-Tenant Information

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