Haw. Rev. Stat. § 521 § 521-64

Tenant's remedy of repair and deduction for minor defects.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiRepair and Deduct

Operative Text

Haw. Rev. Stat. § 521 § 521-64
(a) The landlord, upon written notification by the department of health or other state or county agencies that there exists a condition on the premises that constitutes a health or safety violation, shall commence repairs of the condition within seven calendar days of the notification with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence the repairs within seven calendar days for reasons beyond the landlord's control, the landlord shall inform the tenant of the reason for the delay and set a reasonable tentative date on which repairs will commence.
(b) If the landlord fails to perform in the manner specified in subsection (a), the tenant may:
(1) Immediately do or have done the necessary repairs in a competent manner and, upon submission to the landlord of receipts amounting to at least the sum deducted, deduct from the tenant's rent not more than $1,000 or one month's rent, whichever is greater, for the tenant's actual expenditures for work done to correct the health or safety violation ; or
(2) Submit to the landlord, at least seven calendar days before having the work done, written signed estimates from each of two qualified workers and proceed to have done the necessary work by the worker who provides the lower estimate; provided that the landlord may require in writing a reasonable substitute worker or substitute materials and, upon submission to the landlord of receipts amounting to at least the sum deducted, the tenant may deduct $1,000 or one month's rent, whichever is greater, for the tenant's actual expenditures for work done to correct the health or safety violation.
(c) The landlord, upon written notification by the tenant of any defective condition on the premises that is in material noncompliance with section 521-42(a) or with the rental agreement, shall commence repairs of the condition within twelve business days of the notification with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence repairs within twelve business days for reasons beyond the landlord's control, the landlord shall inform the tenant of the reason for the delay and set a reasonable tentative date on which repairs will commence. In any case involving repairs, except those required due to misuse by the tenant, to electrical, plumbing, or other facilities, including major appliances provided by the landlord pursuant to the rental agreement, necessary to provide sanitary and habitable living conditions, the landlord shall commence repairs within three business days of receiving oral or written notification, with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence repairs within three business days for reasons beyond the landlord's control, the landlord shall inform the tenant of the reasons for the delay and set a reasonable tentative date on which repairs will commence.
(d) If the landlord fails to perform in the manner specified in subsection (c), the tenant may immediately do or have done the necessary work in a competent manner and, upon submission to the landlord of receipts amounting to at least the sums deducted, deduct from the tenant's rent not more than $1,000 or one month's rent, whichever is greater, for the tenant's actual expenditures for work done to correct the defective condition.
(e) At the time the tenant initially notifies the landlord under subsection (c), the tenant shall list every condition that the tenant knows or should know of noncompliance under subsection (c), in addition to the objectionable condition that the tenant then intends to correct or have corrected at the landlord's expense. Failure by the tenant to list a condition that the tenant knew of or should have known of shall estop the tenant from requiring the landlord to correct it and from having it corrected at the landlord's expense under this section for a period of six months after the initial notification to the landlord. Total correction and repair work costs under this section chargeable to the landlord's expense during each six-month period shall not exceed an amount equal to three months' rent.
(f) In no event may a tenant repair a dwelling unit at the landlord's expense when the condition complained of was caused by the want of due care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
(g) Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other tenants sharing the facilities of the tenant's plans, and shall arrange the work to create the least practicable inconvenience to the other tenants.
(h) For the purposes of this section, "health or safety violation" means any condition on the premises that is in noncompliance with section 521-42(a)(1). [L 1972, c 132, pt of §1; am L 1974, c 180, §4; am L 1975, c 104, §2; am L 1976, c 90, §5; am L 1981, c 235, §3; am L 1982, c 211, §1; gen ch 1985; am L 1995, c 42, §1; am L 2024, c 32, §1]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 521-64 establishes a "repair and deduct" remedy for residential tenants when landlords fail to address certain property deficiencies. When a health or safety violation is flagged by a government agency, the landlord has seven calendar days to begin repairs; for other habitability defects reported by the tenant, the window is twelve business days (or three business days for critical systems like plumbing and electrical). If the landlord misses these deadlines without a valid excuse, the tenant may arrange competent repairs and subtract the cost from rent, up to $1,000 or one month's rent—whichever is greater—per qualifying repair cycle, with total landlord-chargeable costs capped at three months' rent per six-month period.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

Under Haw. Rev. Stat. § 521-64, compliant property operators maintain clear, documented processes for receiving and acting on repair notifications from both government agencies and tenants. When a health or safety violation notice arrives from a state or county agency, operators generally begin remediation within seven calendar days; for tenant-reported habitability defects, the response window is twelve business days, or three business days for failures affecting plumbing, electrical, or other systems essential to sanitary living. When delays are unavoidable due to circumstances outside the landlord's control, operators typically communicate the reason in writing to the tenant and provide a reasonable tentative start date, preserving a record that demonstrates good-faith compliance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Haw. Rev. Stat. § 521-64 gives tenants a concrete remedy when a landlord does not begin required repairs on time: after the applicable deadline passes, a tenant may hire qualified workers to fix the problem and deduct actual costs—up to $1,000 or one month's rent, whichever is greater—from future rent, provided receipts are submitted to the landlord. When notifying the landlord of defects under subsection (c), tenants should be aware that the statute requires listing all known conditions of noncompliance at that time, because omitting a known defect can bar the repair-and-deduct remedy for that condition for six months. Tenants who want to understand how this remedy interacts with their specific lease or who face a dispute over deductions may find it helpful to contact a local tenant-rights organization or Hawaii's judiciary self-help resources for general guidance.

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

Current
Oct 23, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-71
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-70
Haw. Rev. Stat. § 521-70
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-62
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-43
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-53
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-72
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-53
Haw. Rev. Stat. § 521-63
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-80
Haw. Rev. Stat. § 521-80
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-68
Haw. Rev. Stat. § 521-71
Haw. Rev. Stat. § 521-44

Related Rules

§ 127L
Repairs by tenants of residential premises to cure violations; reimbursement for cost
§ 47a-13
Failure of landlord to supply essential services. Tenant's remedies.
§ 5-3-7-3
SELF-HELP FOR MINOR DEFECTS AND RENT WITH-HOLDINGS

Source Information

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