Breaking a lease in Hawaii

If a tenant wrongfully leaves and clearly shows by words or actions that they will not come back, the tenant owes the lesser of the rent for the rest of the term, or the rent for the time reasonably needed to re-rent at a fair rent plus any shortfall between the fair rent and the old rent and a reasonable rental commission.

HRS § 521-70(d)

• If a tenant backs out before moving in, the tenant owes the lesser of all money deposited with you, one month's rent, or the rent until you re-rent at a fair rent plus any shortfall, reasonable costs and a reasonable commission. HRS § 521-70(e)
• A tenant on a lease of one year or less may end it without penalty if the tenant or a family member living in the unit was a victim of domestic violence in the past 90 days, with at least 14 days' written notice and the documents and statement the law lists. HRS § 521-80 See Domestic violence protections on the Hawaii page
• A servicemember ordered into on-post government quarters, who would otherwise lose the housing allowance and whose request to keep it was denied, may end a lease of one year or less on 30 days' written notice, or a month-to-month tenancy on 15 days' notice, with the orders or commanding officer's verification and proof of the denial. HRS § 521-83(a) to (c)
• If a servicemember tenant dies on active duty, an adult family member may end a lease of one year or less, or a month-to-month tenancy, on 15 days' written notice with the death certificate and proof of active duty. HRS § 521-83(d)
• A tenant may also end the lease for a serious unrepaired condition after one week's written notice, or after fire or casualty damage. HRS § 521-63 HRS § 521-65 See Tenant repair remedies on the Hawaii page

To end a month-to-month tenancy, give the tenant written notice at least 45 days before the termination date. A tenant who wants to end it must give you written notice at least 28 days ahead and pays rent through the 28th day.

HRS § 521-71(a), (b)

• After your notice, the tenant may move out at any time within the last 45 days before the termination date, telling you the move-out date and paying prorated rent for the time occupied. HRS § 521-71(a)
• Give at least 120 days' written notice before ending a month-to-month tenancy for a planned demolition, a condominium conversion or a change to transient vacation rentals. A revised notice restarts the period. HRS § 521-71(c)
• For a planned condominium conversion, the 120-day notice applies under any rental agreement, including a fixed-term lease, counted back from the end of the rental agreement. HRS § 521-38
• For a tenancy shorter than month to month, either side may end it with at least 10 days' notice. HRS § 521-71(d)
• A tenant who stays after the tenancy ends without your consent may owe up to twice the monthly rent, prorated daily. If you do not file for possession within the first 60 days of the holdover, and there is no rental agreement, a month-to-month tenancy at the old rent begins. HRS § 521-71(e)
• A termination notice given to evade the rent increase notice rules is void. HRS § 521-71(f)