Haw. Rev. Stat. § 521 § 521-41
Landlord to supply possession of dwelling unit.
Operative Text
The landlord shall, at the beginning of the agreed term, deliver possession of the dwelling unit to the tenant in the agreed condition unless otherwise agreed prior to delivery of possession. The landlord may bring an action for possession against any person wrongfully in possession including a holdover tenant. [L 1972, c 132, pt of §1]
Hawaii Revised Statutes § 521-41 establishes that a landlord must hand over the rental unit to the tenant at the start of the lease term in the condition both parties agreed upon. If someone is unlawfully occupying the unit at that time—including a prior tenant who has stayed beyond their lease—the landlord has the legal right to pursue a court action to regain possession. This rule sets a baseline obligation for the transition of occupancy from landlord to tenant.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 521-41, compliant operators ensure the dwelling unit is vacant, accessible, and in the agreed-upon condition on the first day of the lease term. If a previous occupant or holdover tenant is still present at that time, the statute expressly authorizes the landlord to file a legal action for possession. Documenting the agreed condition in writing before the tenancy begins—such as through a move-in checklist or lease addendum—helps establish a clear record of what was promised.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 521-41 gives tenants the right to receive their unit on the agreed start date and in the condition specified in the lease or any prior written agreement. If the unit is not delivered as promised—whether because it is not ready, not vacant, or not in the agreed condition—this provision may be relevant to any dispute that arises. Tenants who encounter problems at move-in may wish to document the issues in writing, contact a local tenant-rights organization, or explore remedies available under Hawaii's residential landlord-tenant 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.
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