Hawaii Statewide Rule
Hawaii Habitability and Landlord Duty Requirements
Key Facts
- Implied warranty
- Yes, premises must be habitable (HRS § 521-42)
- Code compliance
- Building and housing laws affecting health and safety
- Facilities
- Landlord-supplied electrical, plumbing, appliances in good working order
- Common areas
- Kept clean and safe (multi-unit premises)
- Inventory
- Written inventory required before occupancy
Summary
HRS § 521-42 imposes an implied warranty of habitability. A Hawaii landlord must comply with applicable building and housing laws materially affecting health and safety, make repairs to keep the premises habitable, keep common areas clean and safe, and maintain landlord-supplied electrical, plumbing, and other facilities in good working order.
§521-42 Landlord to supply and maintain fit premises. (a) The landlord shall at all times during the tenancy: (1) Comply with all applicable building and housing laws materially affecting health and safety; (2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition; (3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition; (4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear; (5) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials; and (6) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant.
Full Breakdown
Under HRS § 521-42 the landlord must 'comply with all applicable building and housing laws materially affecting health and safety,' 'make all repairs and arrangements necessary to put and keep the premises in a habitable condition,' and 'keep common areas of a multi-dwelling unit premises in a clean and safe condition.' The landlord must also 'maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear,' provide rubbish and garbage receptacles for multi-unit premises, and supply running water as reasonably required. The statute also requires a written inventory before occupancy; if none is taken, the condition at move-out is presumed unchanged from initial occupancy.
Violations & Penalties
No specific statutory penalty in § 521-42 itself. Tenant remedies for noncompliance appear in HRS §§ 521-63 to 521-78 and may include repair-and-deduct, rent reduction, termination, or damages where the landlord fails to maintain habitable conditions.
Frequently Asked Questions
What must a Hawaii landlord maintain under the warranty of habitability?
Does Hawaii require a move-in inventory?
Sources
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