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Hawaii Landlord Remedy if Tenant Quits Before Occupancy

The Hawaii Residential Landlord-Tenant Code, Chapter 521 of the Hawaii Revised Statutes (HRS) Section 70 allows a landlord the following remedy when a tenant changes mind after signing a lease:

Tenant Quits Before Occupancy

If the tenant changes his or her mind about taking the unit before moving in, the tenant shall be liable to the landlord for the lesser of the following amounts:

  • All monies deposited with the landlord;
  • One month’s rent at the rate agreed upon in the rental agreement;
  • The daily rent for the period necessary to re-rent the dwelling, plus the difference between the rent agreed to in the rental agreement and the fair rental value, plus reasonable cost and commission.

Section 70(c)

See also Hawaii Landlord Remedy for Tenant Abandonment.

Return to Hawaii Landlord-Tenant Laws.