Haw. Rev. Stat. § 521 § 521-42
Landlord to supply and maintain fit premises.
Operative Text
(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. Prior to the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided. Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant. In an action arising under this section, the executed copy of the inventory shall be presumed to be correct. If the landlord fails to make such an inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy shall be rebuttably presumed to be the same as when the tenant first occupied the premises. (b) The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, and minor remodeling only if: (1) The agreement of the landlord and tenant is entered into in good faith and is not for the purpose of evading the obligations of the landlord; (2) The work to be performed by the tenant is not necessary to cure noncompliance by the landlord with section 521-42(a)(1); and (3) The agreement of the landlord and tenant does not diminish the obligations of the landlord to other tenants. [L 1972, c 132, pt of §1; am L 1976, c 90, §1; am L 1981, c 235, §1; gen ch 1985; am L 1989, c 143, §1]
Hawaii Revised Statutes § 521-42 establishes a landlord's ongoing duty to maintain rental premises in a habitable condition throughout the entire tenancy. This includes complying with health and safety codes, keeping common areas clean, maintaining electrical and plumbing systems, and—for multi-unit buildings—arranging garbage removal and running water. Before a tenant moves in, the landlord must create a written inventory of the premises and its furnishings, signed by both parties; if no inventory is made, the law presumes the unit was in the same condition at move-out as it was at move-in. Landlords and tenants may agree to shift certain minor repair or maintenance tasks to the tenant, but only under specific conditions that prevent such agreements from being used to sidestep the landlord's core obligations.
Plain English — not legal advice.
Under § 521-42, compliant property operators in Hawaii conduct a thorough written inventory of each unit's condition and any included appliances before a new tenant takes occupancy, obtain the tenant's signature on duplicate copies, and retain a copy for their records. Throughout the tenancy, operators keep common areas clean and safe, respond to repair needs that affect habitability, and maintain electrical, plumbing, and other supplied systems in good working order. If a landlord and tenant agree in writing to have the tenant handle certain minor maintenance tasks, that agreement must be made in good faith, must not be used to avoid the landlord's obligations under § 521-42(a)(1), and must not reduce protections owed to other tenants in the building.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Hawaii Revised Statutes § 521-42 gives tenants the right to live in premises that are habitable, safe, and properly maintained for the entire duration of the tenancy, with landlords responsible for repairs, functioning utilities, and—in multi-unit buildings—garbage removal and running water. The signed move-in inventory required by § 521-42 is a key document: if a landlord never created one, the law presumes the unit's condition at move-out was the same as when you first moved in, which can be relevant in disputes over security deposits or damage claims. Tenants who believe their landlord has failed to meet these obligations may consider raising the violation as a defense in a legal proceeding, filing a complaint with a local housing or building code enforcement agency, or reaching out to a tenant-rights organization for general guidance on available options.
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
References In
Rules and statutes that cite this regulation