Last updated: April 2026
Hilo renters are protected by some of Hawaii's strongest statewide tenant laws — including a 14-day deposit return deadline, triple damages for wrongful withholding, and an implied warranty of habitability. Here is what Hawaii County renters need to know.
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Hilo is the county seat of Hawaii County (the Big Island) and one of the state's most populous cities. Renters in Hilo are protected by Hawaii's Residential Landlord-Tenant Code (HRS Chapter 521), which is among the more tenant-protective state frameworks in the country. Key features include a deposit cap, a short 14-day deposit return deadline, a strong implied warranty of habitability, and explicit anti-retaliation provisions.
Hawaii County has not enacted local rent control or additional tenant ordinances beyond state law, so state protections represent the full scope of renter rights in Hilo. The most common tenant concerns in Hilo involve security deposit disputes, habitability issues, and eviction procedures — all addressed in this guide.
This guide reflects laws in effect as of April 2026 and is for general informational purposes only. It does not constitute legal advice. Tenants facing urgent housing issues should contact the Legal Aid Society of Hawaii.
Hilo has no rent control, and Hawaii County has not enacted a rent stabilization ordinance. Hawaii state law (HRS § 521-74) authorizes counties to establish rent control programs, and Maui County imposed a temporary rent freeze during the COVID-19 pandemic (now expired). However, Hawaii County — which includes Hilo — has not enacted any rent control or rent stabilization measure.
This means landlords in Hilo may raise rent by any amount between lease terms. No state or county law caps the percentage or dollar amount of a rent increase. Your landlord must give you proper advance notice before a rent increase takes effect — 28 days' written notice for tenancies under six months, or 45 days' notice for tenancies of six months or longer, per HRS § 521-71 (these same notice periods apply to termination of tenancy). Check your lease for any additional notice provisions.
Hawaii's Residential Landlord-Tenant Code (HRS Chapter 521) establishes robust baseline protections for all Hawaii renters, including those in Hilo.
Implied Warranty of Habitability: Landlords must maintain rental units in a habitable condition throughout the tenancy (HRS § 521-42). This includes functioning plumbing, adequate weatherproofing, safe electrical systems, and freedom from pest infestations. If your landlord fails to maintain habitability, you may have the right to withhold rent or terminate the lease after proper written notice (HRS § 521-62).
Rent Withholding / Repair Remedies: Under HRS § 521-62, tenants may withhold rent or terminate the lease for serious habitability failures after giving written notice and allowing the landlord a reasonable time to repair. For serious conditions (no running water, sewage backup, dangerous electrical), tenants should document thoroughly and contact Legal Aid Society of Hawaii before withholding rent.
Notice to Terminate: Landlords must provide 28 days' written notice to terminate a month-to-month tenancy for tenants who have resided in the unit for less than six months. Tenants who have lived in the unit for six months or more are entitled to 45 days' written notice (HRS § 521-71).
Anti-Retaliation: Under HRS § 521-74.5, landlords cannot retaliate against tenants for reporting code violations, joining a tenant organization, or exercising any right under HRS Chapter 521. Retaliation is presumed if adverse action is taken within 90 days of a protected activity.
Prohibition on Self-Help Eviction: A landlord may not lock out a tenant, remove doors or windows, or shut off utilities without a court order (HRS § 521-63). Such conduct is illegal and may expose the landlord to civil liability.
Hawaii's security deposit rules are among the most tenant-favorable in the country and are governed by HRS § 521-44.
Deposit Cap: A landlord may not collect more than one month's rent as a security deposit.
Return Deadline: Within 14 days of the tenant vacating the unit, the landlord must return the deposit in full or provide a written itemized statement of deductions along with any remaining balance. This 14-day window is significantly shorter than most states' requirements.
Triple Damages for Wrongful Withholding: If a landlord wrongfully withholds all or part of the security deposit, the tenant may recover three times the amount wrongfully withheld in a civil action under HRS § 521-44. This is one of the highest deposit-withholding penalties in the country and serves as a strong deterrent against improper deductions.
Allowable Deductions: Landlords may deduct for unpaid rent and for damage beyond normal wear and tear. Ordinary wear — minor scuffs, small nail holes, general carpet wear — cannot be charged to the tenant. Document your unit's condition at move-in and move-out with dated photographs and video.
Tip: Provide your forwarding address to your landlord in writing when you move out. Claims for wrongfully withheld deposits can be filed in Hawaii County's Small Claims Division (District Court of the Third Circuit) for claims up to $10,000.
Evictions in Hilo must follow the formal court process under HRS Chapter 521 and the District Court of the Third Circuit rules. Self-help eviction — lockouts, utility shutoffs, removal of belongings — is illegal.
Step 1 — Written Notice: The landlord must serve written notice before filing for eviction. For nonpayment of rent, Hawaii requires a 5-day written notice to pay or vacate (HRS § 521-68). For other lease violations, a 10-day notice to cure or quit is required. For termination of tenancy (no fault), the notice period is 28 days (tenancy under 6 months) or 45 days (tenancy 6 months or more) under HRS § 521-71.
Step 2 — District Court Filing: If the tenant does not comply, the landlord files a Summary Possession action in the District Court of the Third Circuit in Hilo. A hearing is typically scheduled within one to two weeks.
Step 3 — Hearing: Both parties appear and present their cases. Tenants may raise defenses including habitability failures, payment, improper notice, or retaliation under HRS § 521-74.5. Contact the Legal Aid Society of Hawaii before your hearing if possible.
Step 4 — Judgment and Writ of Possession: If the court rules for the landlord, a Writ of Possession is issued. Only the court-authorized officer (typically a bailiff or sheriff) may physically remove the tenant from the premises.
Self-Help Eviction is Illegal: Under HRS § 521-63, a landlord who locks you out, shuts off utilities, or removes your belongings without a court order is committing an illegal self-help eviction. Call 911 and contact Legal Aid Society of Hawaii immediately if this happens.
No. Hawaii County has not enacted a rent control or rent stabilization ordinance. Hawaii state law (HRS § 521-74) authorizes counties to establish rent control, but Hawaii County has not done so. Landlords in Hilo may raise rent by any amount between lease terms.
There is no legal cap on rent increases in Hilo. Hawaii County has no rent stabilization ordinance. Your landlord must give advance written notice before a rent increase takes effect — generally 28 days for tenancies under six months, or 45 days for tenancies of six months or longer, consistent with the termination notice periods in HRS § 521-71.
Your landlord must return your deposit — or provide a written itemized statement of deductions with any remaining balance — within 14 days of you vacating the unit under HRS § 521-44. If your landlord wrongfully withholds any portion of the deposit, you may be entitled to three times the wrongfully withheld amount. Provide your forwarding address in writing when you move out.
For nonpayment of rent, your landlord must give you a 5-day written notice to pay or vacate (HRS § 521-68). For lease violations, a 10-day notice to cure is required. For termination of a month-to-month tenancy without cause, the landlord must give 28 days' notice (tenancy under 6 months) or 45 days' notice (tenancy 6 months or more) under HRS § 521-71. The landlord must then file in District Court of the Third Circuit if you do not comply.
No. Self-help eviction — changing your locks, removing your belongings, or shutting off utilities — is illegal in Hawaii under HRS § 521-63. Your landlord must go through the court process and obtain a Writ of Possession before any physical removal. If you are illegally locked out or your utilities are shut off, call 911 and contact the Legal Aid Society of Hawaii immediately.
Hawaii landlords must maintain units in a habitable condition under HRS § 521-42. Submit repair requests in writing and keep copies. If your landlord fails to make essential repairs after written notice, HRS § 521-62 may allow you to withhold rent, make repairs and deduct the cost, or terminate the lease — but these remedies involve legal risk. Contact the Legal Aid Society of Hawaii before taking any of these steps to protect your rights.
This page is for general informational purposes only and does not constitute legal advice. The information reflects Hawaii law as of April 2026, but laws and county ordinances can change. The application of any law depends on the specific facts of your situation. If you are facing eviction, a security deposit dispute, or another housing issue, contact the Legal Aid Society of Hawaii or a licensed Hawaii attorney. RentCheckMe is not a law firm and cannot provide legal representation.
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