New Hawaiʻi Appleseed report makes landlord-tenant law accessible, offers a path toward greater housing stability for tenants and landlords
HONOLULU, Hawaiʻi — Hawaiʻi Appleseed’s latest report, “Understanding Hawaiʻi’s Landlord-Tenant Code: Current Protections, Gaps, and a Case for Reform,” offers a plain-language guide to the state’s rental laws while making the case for Just Cause Eviction reforms that would benefit both renters and property owners.
The report arrives at a critical moment. With Hawaiʻi’s rental market among the nation’s tightest—and an estimated 38 percent of households renting—the need for clear, accessible information about tenant and landlord rights has never been greater.
That’s why the first section of the report is a plain-language guide to the current Residential Landlord-Tenant Code (HRS Chapter 521). Hawaiʻi Appleseed created it in response to a persistent barrier: legal terminology can be a minefield for everyday people trying to understand their rights and responsibilities. The guide covers everything from security deposit rules and lease terms to eviction procedures and repair remedies in straightforward language.
“Understanding your rights and responsibilities as a tenant or landlord shouldn't require a law degree,” said Arjuna Heim, Hawaiʻi Appleseed’s Director of Research and Housing Policy. “When the rules are buried in dense legal language, the system works against the very people it’s supposed to protect. Clarity isn’t just helpful—it’s essential for ensuring that both parties can navigate the rental relationship with confidence and fairness.”
In addition to the full report, Hawaiʻi Appleseed has created a smaller handbook format featuring just the plain-language guide—without the policy recommendations—that tenants and landlords can download and even print out at home. This standalone resource is designed to get essential information directly into the hands of people who need it most.
The Case for Reform: Just Cause Eviction
The remainder of the report identifies critical gaps in the current law and lays out a framework for Just Cause Eviction (JCE) reform. Currently, Hawaiʻi landlords may terminate a month-to-month tenancy without providing any reason, as long as they issue 45 days’ written notice. This “no-cause” loophole allows landlords to circumvent existing anti-retaliation protections—even when a tenant has requested repairs or reported safety violations.
The report’s JCE framework would:
Eliminate no-cause termination, requiring landlords to cite a legally recognized reason for ending any tenancy;
Define clear “at-fault” and “no-fault” grounds, distinguishing between tenant misconduct and legitimate landlord decisions;
Require relocation assistance for no-fault evictions, making displacement less financially devastating;
Mandate cure periods, giving tenants a chance to address curable lease violations; and
Exempt new construction and small owner-occupied properties to balance tenant protections with development incentives.
The report also recommends establishing a right to counsel in eviction proceedings, noting that nationally, fewer than 5 percent of tenants have legal representation compared to more than 80 percent of landlords.
“Just Cause Eviction isn’t just about protecting tenants—it’s about giving landlords clear, consistent guidelines that reduce disputes and legal uncertainty,” Heim said. “When both parties know exactly what constitutes a valid reason for termination, it creates a more predictable and efficient rental market for everyone.”
The report draws on lessons from jurisdictions that have enacted JCE protections, including California, Oregon, Washington, and New York, and incorporates analysis from the NYU Furman Center to ensure the framework balances stability with the need for new housing production.
The full report and the plain-language handbook are available for download at hiappleseed.org/publications/understanding-hawaii-landlord-tenant-code.
