§521-21 Rent. (a) The landlord and tenant may agree to any consideration, not otherwise prohibited by law, as rent. In the absence of such agreement, and subject to section 521-71(e) in the case of holdover tenants, the tenant shall pay to the landlord the fair rental value for the dwelling unit.
(b) Rents shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of any term for one month or less, and for longer terms in equal monthly installments payable at the beginning of each month. When a rental agreement with a public assistance recipient requires that the rent be paid on or before the third day after the day on which the public assistance check is usually received, the tenant shall have the option of establishing a new due date by making a one-time payment to cover the period between the original due date and the newly established date. The new date shall not exceed by more than three days, excluding Saturdays, Sundays, and holidays, the date on which checks are mailed. The one-time payment shall be established by dividing the monthly rental by thirty and multiplying the result by the number of days between the original and the new due dates.
(c) Except as otherwise provided in subsection (b), rent shall be uniformly apportionable from day to day.
(d) When the tenancy is from month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given forty-five consecutive days prior to the effective date of the increase.
(e) When the tenancy is less than month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given fifteen consecutive days prior to the effective date of the increase.
(f) Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due. [L 1972, c 132, pt of §1; am L 1974, c 180, §1; am L 1978, c 124, §1; am L 1989, c 383, §2; am L 2017, c 179, §1]
Note
Applicability of 2017 amendment. L 2017, c 179, §3.
Structure Hawaii Revised Statutes
521. Residential Landlord-Tenant Code
521-2 Purposes; rules of construction.
521-3 Supplementary general principles of law, other laws, applicable.
521-4 Construction against implicit repeal.
521-6 Territorial application.
521-7 Exclusions from application of chapter.
521-9 Notice, notification, knowledge, etc.
521-10 Duties; obligation of good faith.
521-22 Term of rental agreement.
521-31 Waiver; agreement to forego rights; settlement of claims.
521-32 Separation of rents and obligations to property forbidden.
521-33 Landlord's waiver of liability prohibited.
521-34 Authorization to confess judgment prohibited.
521-37 Subleases and assignments.
521-38 Tenants subject to rental agreement; notice of conversions.
521-39 Medical cannabis; tenant use; eviction.
521-41 Landlord to supply possession of dwelling unit.
521-42 Landlord to supply and maintain fit premises.
521-43 Rental agreement, disclosure.
521-45 Limitation of landlord and management liability.
521-51 Tenant to maintain dwelling unit.
521-52 Tenant to use properly.
521-54 Tenant to use and occupy.
521-55 Tenant's responsibility to inform landlord.
521-56 Disposition of tenant's abandoned possessions.
521-61 Tenant's remedies for failure by landlord to supply possession.
521-62 Tenant's remedy of termination at beginning of term.
521-63 Tenant's remedy of termination at any time; unlawful removal or exclusion.
521-64 Tenant's remedy of repair and deduction for minor defects.
521-65 Tenant's remedies for fire or casualty damage.
521-66 Tenant's right to refund of rent, etc., on termination; return of security deposit.
521-67 Tenant's remedy for failure by landlord to disclose.
521-68 Landlord's remedies for failure by tenant to pay rent.
521-69 Landlord's remedies for tenant's waste, failure to maintain, or unlawful use.
521-71 Termination of tenancy; landlord's remedies for holdover tenants.
521-72 Landlord's remedies for improper use.
521-73 Landlord's and tenant's remedies for abuse of access.
521-74 Retaliatory evictions and rent increases prohibited.
521-74.5 Recovery of possession limited.
521-77 Investigation and resolution of complaints by the office of consumer protection.
521-80 Early termination of tenancy; victims of domestic violence.
521-81 Change of locks; victims of domestic violence.