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Hawaii Landlord Remedy for Tenant Holding Over

The Hawaii Residential Landlord-Tenant Code, Chapter 521 of the Hawaii Revised Statutes (HRS) prohibits a tenant from occupying a rental property in the following manner after a rental agreement has expired:


If a tenant remains in the dwelling unit after the termination date without the landlord’s consent, the tenant becomes a holdover.

  • As a holdover, the tenant may be liable to the landlord for a sum which is not more than twice the monthly rent under the previous agreement, calculated on a daily basis for each day the tenant remains in the unit.
  • The landlord may sue to evict the tenant any time during the first 60 days of the holdover. However, if the landlord does not sue to evict the tenant within the 60 days and there is no new rental agreement, a month-to-month tenancy at the rent stated in the previous agreement is created.

Section 71(c)

See also Hawaii Landlord Unlawful Removal or Exclusion of Tenant.

Return to Hawaii Landlord-Tenant Laws.