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Hawaii month-to-month lease agreement

Written for Hawaii law, checked October 1, 2026 General information, not legal advice

A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.

Hawaii rules that apply

Ending month to month
45 days
your written notice; a tenant gives 28 days
HRS § 521-71(a), (b)
Rent increase notice
45 days
written, consecutive days, month to month; 15 days for shorter tenancies
HRS § 521-21(d), (e)

Ending a month-to-month tenancy

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)

More detail (6)
  • 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)
In the Rentari Hawaii lease

The Rentari Hawaii lease states the 45-day landlord notice, the 28-day tenant notice, the 120-day and 10-day cases and the holdover rule.

Rent increase notice

For a month-to-month tenancy, give written notice at least 45 consecutive days before a rent increase takes effect. For a tenancy shorter than month to month, give at least 15 consecutive days' written notice.

HRS § 521-21(d), (e)

More detail (3)
  • A notice ending a tenancy that is given to get around these rent increase notice rules is void. HRS § 521-71(f)
  • You may not demand a rent increase in retaliation after a tenant's good-faith complaint to a government agency or request for repairs, except in the cases the statute lists. HRS § 521-74 See Retaliation on the Hawaii page
  • Chapter 521, read in full, sets no limit on how much rent may rise. HRS § 521-21(a) See Rent control and local rules on the Hawaii page
In the Rentari Hawaii lease

The Rentari Hawaii lease states the 45-day notice for a month-to-month increase and the 15-day notice for a shorter periodic tenancy.

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