Hawaii Lease Renewal Laws: When Can a Landlord Say No?

If you're renting in Hawaii, you may wonder if your landlord can refuse to renew your lease when it ends. Lease renewals are a common concern for renters facing stability questions, rent increases, or changes in their housing situation. Understanding Hawaii's laws helps you know what to expect and what steps to take if your lease won't be renewed.

When Can a Landlord Refuse to Renew a Lease in Hawaii?

In Hawaii, landlords generally have the right to refuse to renew a lease when the rental term ends, as long as they follow certain rules and do not violate anti-discrimination laws or retaliate against tenants for exercising their rights.

Legal Reasons for Nonrenewal

Under the Hawaii Residential Landlord-Tenant Code, a landlord may choose not to renew a fixed-term lease (such as a 12-month agreement) once it expires, without providing a specific reason, provided they:

• Give the correct written notice before lease end
• Avoid discrimination based on race, religion, family status, disability, or other protected categories (Hawaii Civil Rights Commission)
• Do not act in retaliation (such as for requesting repairs or reporting code violations)

Discrimination and retaliation are both illegal. If you suspect either, you may have grounds to file a complaint.

Notice Requirements for Ending a Lease

The notice you receive depends on your lease type:

• Fixed-Term Lease: No notice required unless specified in your lease – but many landlords provide written notice out of courtesy or by agreement.
• Month-to-Month Lease: Hawaii law requires at least 45 days' written notice to terminate or not renew a rental agreement (see Hawaii Renters' Rights).

If a landlord wants to change the rent or other terms without ending your tenancy, they must also follow proper notice procedures.

Which Official Forms Apply?

• Notice of Termination of Month-to-Month Tenancy (No official form number; landlord provides written notice):
  • Used when: Your landlord ends a month-to-month rental by providing a written termination notice at least 45 days in advance.
  • How it's delivered: Can be given in person, by certified mail, or by other methods outlined in your lease.
  • For sample language, see the official Residential Landlord-Tenant Code, Section 521-71.
• Complaint for Possession (Landlord-Tenant) (Form 1DC18):
  • Used when: A landlord seeks court assistance to remove a tenant who remains past lease end without agreement ("holdover").
  • For renters: If served, contact legal aid immediately. More info on this form is found on the Hawaii State Judiciary Landlord-Tenant Self-Help page.

If your landlord refuses to renew and asks you to vacate, always request the notice in writing and check that the timing and method comply with state law.

What to Do if Your Lease Is Not Renewed

If your landlord declines to renew your lease, consider taking these steps to protect your rights and prepare for your next move:

• Carefully read all communication from your landlord
• Verify the notice period and method are legal
• Ask for reasons in writing if you suspect discrimination or retaliation
• If needed, seek advice from Legal Aid Society of Hawaii or file a complaint with the Hawaii Civil Rights Commission
• Document all communications and notices received

Which Tribunal Handles Residential Tenancy Issues?

The Hawaii District Court is responsible for disputes between landlords and tenants, including non-renewal matters and eviction cases.

Key Legislation for Lease Agreements in Hawaii

The main law governing rental housing in Hawaii is the Hawaii Residential Landlord-Tenant Code (Haw. Rev. Stat. Chapter 521). This code covers lease renewals, notice periods, tenant protections, and grounds for ending a rental agreement.

FAQ: Lease Nonrenewal in Hawaii

1. Can a landlord refuse to renew my lease for any reason?
   Generally yes, unless the reason is discriminatory or retaliatory. Landlords must follow notice requirements and cannot violate fair housing laws.
2. How much notice does my landlord have to give in Hawaii?
   For month-to-month agreements, landlords must give at least 45 days' written notice. Fixed-term leases may end automatically unless renewal terms are stated.
3. What should I do if I get a non-renewal notice?
   Read the notice carefully, check that the timing and delivery comply with Hawaii law, and consider contacting Legal Aid or the Hawaii Civil Rights Commission if you suspect unlawful motives.
4. Is there any way to challenge a non-renewal?
   You can challenge it if you believe it's due to discrimination or retaliation by filing a complaint with the appropriate state agency or seeking legal support.
5. Who can I contact for help with lease renewal issues?
   You can contact the Legal Aid Society of Hawaii or the Hawaii Civil Rights Commission for guidance. The Hawaii District Court can assist if your case becomes a legal dispute.

Need Help? Resources for Renters

• Hawaii District Court – Landlord-Tenant Self-Help: Rental dispute forms and guidance
• Hawaii Landlord-Tenant Information Center: State government hotline and information
• Hawaii Civil Rights Commission: File discrimination or retaliation complaints
• Legal Aid Society of Hawaii: Free or low-cost legal support for renters
• Full Text of Hawaii Residential Landlord-Tenant Code
• Hawaii Renters' Rights Brochure (Official PDF)

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1. Hawaii Residential Landlord-Tenant Code (Haw. Rev. Stat. Chapter 521): View the full landlord-tenant code
2. Hawaii District Court Landlord-Tenant Self-Help: Official tribunal resource
3. Hawaii Civil Rights Commission (anti-discrimination law and complaints): Submit a complaint or read more
4. Hawaii Landlord-Tenant Information Center: Official helpline and information
5. Legal Aid Society of Hawaii (support for renters): Request tenant legal aid

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