What to Do If Your Landlord Breaks Your Lease in Hawaii

If you’re a renter in Hawaii and your landlord breaks your lease—by entering without permission, wrongful eviction, or failing legal obligations—you have the right to take action. Hawaii law gives tenants clear protections, but understanding the steps you should take is vital for securing your home and rights. This guide walks you through what to do, official forms to use, and who can help if your lease is violated.

Understanding Lease Violations by Landlords in Hawaii

Landlords in Hawaii must follow the Hawaii Residential Landlord-Tenant Code, found in Hawaii Revised Statutes Chapter 521. Common ways landlords might break a lease include:

• Ending your tenancy without proper legal notice
• Entering your home without giving 2 days’ advance notice, except in emergencies
• Failing to maintain the property or make timely repairs
• Changing locks or shutting off utilities illegally (sometimes called a “self-help” eviction)

Key Steps for Renters: What to Do If Your Landlord Violates the Lease

Here’s what you should do if your landlord breaks the lease agreement in Hawaii:

1. Document Everything
   Write down what happened, when, who was involved, and save any communications (texts, emails, letters). Take photos if relevant.
2. Communicate in Writing
   Send your landlord a written notice describing the problem and what you’d like them to do (for example, restore services, stop entry, or fix needed repairs). Keep a copy for your records.
3. Use the "Notice to Correct Violation" Form
   If your landlord violates the lease or the law, you can provide a written notice asking them to fix the problem within a reasonable timeframe.
   • Form Name: Tenant’s Notice to Landlord of Violation (no official number)
   • Usage Example: If your landlord enters your apartment without proper notice, use this form to formally request they follow entry laws. Sample notice form (see page 37 of the Hawaii Handbook)
4. File a Complaint or Take Legal Action
   The State of Hawaii's Office of Consumer Protection - Landlord-Tenant Branch helps mediate disputes and provides legal guidance. If your landlord still refuses to comply, you may file a complaint or take the case to the Hawaii District Court.
5. Apply to the Housing Court (District Court of Hawaii)
   If negotiation fails, tenants can bring a claim for damages, lost property use, or unlawful eviction to the Hawaii District Court: Landlord-Tenant Section under the Hawaii Residential Landlord-Tenant Code.

When to Use Official Forms

• Tenant’s Notice to Landlord of Violation (see above)
  • Use this when notifying your landlord of broken lease terms and giving them a deadline to correct the issue.
  • Access a sample notice form here (p.37).
• Court Forms for Tenant’s Complaint
  • Use if mediation fails or you need to formally take your case to court.
  • Find relevant landlord-tenant complaint forms at the Hawaii District Court: Landlord-Tenant page.

Important Hawaii Tenancy Law Protections

Hawaii’s laws give renters strong protections, with clear procedures for notices, repairs, and fair treatment. The primary law is the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)[1]. This includes:

• Advance notice for entry (2 days, except emergencies)
• Procedures for lease termination or eviction
• Maintenance and repair responsibilities for the landlord
• Penalties against landlords for “retaliatory” or illegal actions

If you ever feel uncertain, contacting the State’s Office of Consumer Protection or the District Court can clarify your options.

Who Handles Landlord-Tenant Disputes in Hawaii?

• Hawaii District Court – Landlord-Tenant Section: This is where formal complaints and eviction matters are heard. Learn about filing a dispute or responding to a summons here.

Frequently Asked Questions

1. Can a landlord in Hawaii evict me without a court order?
   No. Self-help evictions (like lockouts or utility shutoff) are against Hawaii law. Only the court can order an eviction after proper notice and a hearing.
2. What if my landlord enters my unit without notice?
   Your landlord must provide at least 2 days’ notice, except for emergencies. You can formally notify them of the violation and, if it continues, seek help from Hawaii’s Office of Consumer Protection.
3. How do I make my landlord do repairs?
   Send a written request for repairs. If not done in a reasonable time, you may deliver a notice to correct the violation or apply to court under certain conditions (see Chapter 521).
4. Where do I file a complaint if my landlord won’t fix the problem?
   Contact the Office of Consumer Protection or file a case with the District Court’s landlord-tenant section. Both can assist you in enforcing your rights.
5. Do I need a lawyer to take my landlord to court?
   No, but getting advice from a legal aid office can help. Hawaii offers several resources for renters who need support navigating the court or complaint process.

Need Help? Resources for Renters

• State of Hawaii Office of Consumer Protection – Landlord-Tenant Branch (complaints, tenant advice, sample forms)
• Hawaii District Court – Landlord-Tenant Self-Help (forms, how to file a case)
• Legal Aid Society of Hawaii: Landlord-Tenant Information
• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
• Hawaii Landlord-Tenant Handbook (PDF)

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1. [1] Hawaii Revised Statutes Chapter 521 – Residential Landlord-Tenant Code
2. [2] State of Hawaii Office of Consumer Protection - Landlord-Tenant
3. [3] Hawaii District Court: Landlord-Tenant
4. [4] Hawaii Landlord-Tenant Handbook

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