Hawaii has no rent control and sets no cap on the amount of a rent increase, but the Residential Landlord-Tenant Code requires advance written notice. Under HRS § 521-21, rent on a month-to-month tenancy may not be raised without written notice given forty-five consecutive days before the increase takes effect.
HRS § 521-21(a) lets the landlord and tenant 'agree to any consideration, not otherwise prohibited by law, as rent,' so Hawaii imposes no maximum rent and no cap on increases. For periodic tenancies, however, the statute fixes a notice period: '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.' During a fixed-term lease the rent cannot change unless the lease allows it. The 45-day requirement matches the landlord's month-to-month termination notice under HRS § 521-71, so a tenant who rejects the new rent has time to give counter-notice and vacate.
No specific statutory penalty. An increase imposed without the required 45 days' written notice is unenforceable until proper notice runs; the prior rent remains the lawful amount in the interim.
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