Haw. Rev. Stat. § 516 § 516-63
Free assignability.
Operative Text
Except as otherwise provided in section 516-35 and restrictions placed in leases by state or county agencies, a lessee may assign the lessee's lease at any time without the approval or consent of the lessor, and the assignee shall have the same rights and obligations under the lease as the original lessee; provided that no assignment shall be effective to transfer any interest in the lease unless the lessor has received: (1) Either a true executed copy of the assignment or written notice thereof; (2) A reasonable service charge, except in case of an assignment by way of mortgage or assignment to or by the Federal Housing Administration, Department of Veterans Affairs, or Federal National Mortgage Association or a foreclosure of mortgage or assignment in lieu of foreclosure; and (3) The written undertaking of the assignee to perform all obligations of the lessee under the lease, which undertaking may be incorporated in the assignment. No assignment shall release the assignor from liability under the lease unless the lessor consents in writing to the assignment. A consent to the assignment shall be deemed a consent to the release of the assignor from liability under the lease. The lessor shall not require payment of any money for the lessor's consent except the service charge, nor withhold consent unreasonably. Any person acquiring the leasehold estate in consideration of the extinguishment of a debt secured by mortgage of the lease or through foreclosure sale, judicial or otherwise, shall be liable to perform the obligations imposed on the lessee by the lease only during the period the person has possession or ownership of the leasehold estate. [L 1967, c 307, §36; HRS §516-63; am L 1968, c 46, §2k; gen ch 1985; am L 1986, c 218, §1; am L 2017, c 12, §1; am L 2018, c 18, §39]
Under Haw. Rev. Stat. § 516-63, a lessee holding a leasehold interest generally has the right to assign that lease at any time without needing the lessor's approval, unless specific state or county agency restrictions apply. For an assignment to take legal effect, the lessor must receive a copy or written notice of the assignment, a reasonable service charge (with certain exceptions for mortgage-related transfers), and a written undertaking from the assignee to fulfill all lease obligations. The original lessee (assignor) remains liable under the lease unless the lessor provides written consent to release them, and a person who acquires the leasehold through foreclosure or debt extinguishment is only responsible for lease obligations during the period they actually hold possession or ownership.
Plain English — not legal advice.
Under § 516-63, operators of leasehold properties in Hawaii should be aware that lessees generally do not need lessor approval to assign their leases, meaning a landlord or lessor cannot unreasonably withhold consent or demand payment beyond the permitted service charge. A compliant lessor ensures that before recognizing any assignment as effective, they have received the required documentation — a copy or written notice of the assignment, the applicable service charge, and the assignee's written undertaking of obligations. Lessors who provide written consent to an assignment should understand that such consent is treated as a release of the original lessee from ongoing liability under § 516-63.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 516-63 generally gives lessees the right to assign their leasehold interest without needing the lessor's permission, which can be an important protection for those holding long-term leases in Hawaii. To ensure the assignment is legally effective, a lessee should understand that the lessor must receive proper notice or a copy of the assignment, a reasonable service charge, and the assignee's written commitment to perform lease obligations. Lessees who want to be released from future liability under the lease should seek the lessor's written consent to the assignment, and those with questions about their rights under § 516-63 may wish to consult a tenant-rights organization or legal aid service familiar with Hawaii leasehold law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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References In
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