The Hawaii Residential Landlord-Tenant Code, Chapter 521 of the Hawaii Revised Statutes (HRS) requires non-emergency repairs of a tenant’s dwelling unit to be handled in the following manner:
In some cases, conditions exist in the unit which need repair and which the landlord is obliged to maintain, but which do not rise to the level of an emergency or create health or safety problems (see Hawaii Landlord Rental Property Obligations). The rental agreement itself may contain additional maintenance obligations for the landlord.
- The tenant must notify the landlord in writing of a condition which is not in compliance with the landlord’s obligation of maintenance, the landlord must commence repairs within 12 business days. There is a good faith requirement that the repairs be completed as soon as possible.
- If the landlord is unable to commence the repairs within 12 business days for reasons beyond the landlord’s control, the landlord must inform the tenant of the reason for the delay and set a reasonable tentative date on which repairs will commence.
- If the landlord does not commence the repairs as described above, the tenant may perform the repairs or have them done. Then, upon providing all receipts to the landlord, the tenant may deduct up to $500 from the next month’s rent to cover the cost of the repairs. The tenant may only employ this procedure once every six-months, so the initial notice to the landlord should include every defective condition known to the tenant. The amount which the tenant may charge to the landlord during the six month period may not exceed three months’ rent. Different rules may apply if the problems were caused by the tenant or the tenant’s family or guests.
See also Hawaii Landlord Emergency Repair Laws.
Return to Hawaii Landlord-Tenant Laws.