Pass-Through Costs and Rent Increases in Hawaii: Renter Rights

If you rent a home or apartment in Hawaii, understanding when and how your landlord can legally raise your rent is essential—especially when it comes to pass-through costs. While Hawaii does not have statewide rent control, there are clear rules about rent increases and what costs can be passed to tenants. This guide covers how pass-through costs work, what renters should watch for, and what steps you can take if you believe your rent was raised unlawfully.

What Are Pass-Through Costs?

Pass-through costs refer to specific expenses that a landlord can charge tenants on top of base rent. These could include certain utilities, maintenance, or other fees directly related to the operation or improvement of the property. In Hawaii, the ability for landlords to collect pass-through costs depends on what's stated in your rental agreement and Hawaii’s state laws.

Types of Pass-Through Costs in Hawaii

• Utilities: If your lease specifies, landlords may charge for water, electricity, or sewer fees that are not included in the rent.
• Maintenance fees: Some repairs or improvements, if outlined in your lease, might be passed on to you.
• Other fees: For example, trash collection or pest control, if these are mentioned in your rental agreement.

Always check your rental agreement for any clauses related to additional charges or pass-through costs.

When Can a Landlord Raise Rent for Pass-Through Costs?

In Hawaii, there is no statewide rent control, but there are important protections for renters regarding notice and timing. For landlords to raise rent or collect new pass-through costs, they must follow the rules set by the State of Hawaii's Residential Landlord-Tenant Code.¹

• Written Notice: Landlords must give at least 45 days’ written notice before raising rent for month-to-month leases.
• Fixed-Term Leases: Landlords cannot increase rent until the lease expires, unless the lease allows for increases during the term.
• Pass-Through Fees: Any new fees or pass-through charges must be disclosed in your lease. If not, you do not have to pay them until you agree in writing.
• Reasonableness: Any charges must be reasonable and not serve as a hidden rent increase.

It is illegal for a landlord to introduce unexpected costs that were not part of your original rental agreement unless you agree to changes in writing.

Required Official Forms for Rent Increases

Hawaii does not have a standardized statewide rent increase notice form, but written notice is required for any rent changes. Here’s what you need to know:

• Rent Increase Notice (No Official Form Number): Landlords must give 45 days’ advance written notice of any rent increase for month-to-month rentals.²
• You should receive this notice via personal delivery or mail. Save a copy for your records to track timing and amounts.
• If you disagree with the increase, you can contact Hawaii’s official Residential Landlord-Tenant Center for guidance.

Your Legal Protections and Where to Get Help

The Hawaii Residential Landlord-Tenant Center handles rental disputes in the state. They can help you understand your rights, mediate disputes, or guide you on complaining if you believe your rent increase is unlawful.

Relevant Hawaii Legislation

• Hawaii Revised Statutes (HRS) Chapter 521 – Residential Landlord-Tenant Code¹

This code outlines your rights regarding rent, rent increases, and tenant protections in Hawaii.

How to Respond to a Rent Increase or Pass-Through Charge

If you receive notice of a rent increase or a new fee:

• Review your lease for terms about rent increases or additional fees.
• Make sure the landlord gave you at least 45 days’ written notice (for month-to-month tenants).
• If the charge is not in your lease, you are not obliged to accept it until you agree to a new written term.
• If you believe the charge is unfair or violates your lease, contact the Residential Landlord-Tenant Center or seek mediation.

Taking these steps early can help prevent disputes and protect your rights.

Frequently Asked Questions

1. Can my landlord raise my rent at any time in Hawaii?
   No. For month-to-month leases, landlords must give you at least 45 days’ written notice. For fixed-term leases, rent can only be raised when the lease is renewed unless otherwise stated.
2. What do I do if I disagree with a new pass-through cost?
   Review your lease. If the cost is not mentioned, notify your landlord in writing that you do not consent to the new charge. You can also contact the Hawaii Residential Landlord-Tenant Center for help.
3. Do I have to pay for utilities separately if my lease didn’t mention them?
   No, you are only responsible for costs and utilities spelled out in your lease. Any new utility charges must be added to your lease in writing and agreed upon.
4. How do I file a complaint about an unlawful rent increase?
   Contact the Residential Landlord-Tenant Center and prepare to provide a copy of your rental agreement and the written increase notice.
5. Where can I find the law that applies to my situation?
   The Hawaii Residential Landlord-Tenant Code lists rental laws and tenant rights.

Key Takeaways for Hawaii Renters

• Pass-through costs are only legal if they are written in your rental agreement and you received proper written notice.
• Your landlord must give at least 45 days’ written notice for rent increases in month-to-month agreements.
• If you think your increase or fee isn’t lawful, contact the Residential Landlord-Tenant Center for guidance before paying.

By knowing your rights and where to find official help, you’ll be better equipped to handle any rent or fee changes in Hawaii.

Need Help? Resources for Renters

• Hawaii Residential Landlord-Tenant Center – Information and mediation services for renters and landlords
• Landlord-Tenant Handbook (PDF) – Explains Hawaii’s rental laws and tenants’ rights
• Hawaii Residential Landlord-Tenant Code (official legislation)
• Phone: 808-586-2634

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1. Hawaii Revised Statutes (HRS) Chapter 521 – Residential Landlord-Tenant Code
2. Hawaii Landlord-Tenant Handbook (see Rent section)

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