RR
Rent Regulations

Haw. Rev. Stat. § 521 § 521-65

Tenant's remedies for fire or casualty damage.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiConstructive Eviction

Operative Text

Haw. Rev. Stat. § 521 § 521-65
When the dwelling unit or any part of the premises or appurtenances reasonably necessary to the benefit and enjoyment thereof is rendered partially or wholly unusable by fire or other casualty which occurs without wilful fault on the part of the tenant or a member of the tenant's family, the tenant may:
(1) Immediately quit the premises and notify the landlord of the tenant's election to quit within one week after quitting, in which case the rental agreement shall terminate as of the date of quitting, but if the tenant fails to notify the landlord of the tenant's election to quit, the tenant shall be liable for rent accruing to the date of the landlord's actual knowledge of the tenant's quitting or impossibility of further occupancy; or
(2) If continued occupancy is otherwise lawful, vacate any part of the premises rendered unusable by the fire or other casualty, in which case the tenant's liability for rent shall be no more than the fair rental value of that part of the premises which the tenant continues to use and occupy. [L 1972, c 132, pt of §1; gen ch 1985]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 521-65 addresses what happens to a rental agreement when a dwelling unit or necessary parts of the property become partially or wholly unusable due to fire or other casualty that was not the tenant's fault. Under this provision, the tenant has two options: they may terminate the tenancy by vacating and notifying the landlord within one week, or they may remain in the usable portions of the premises and pay only a proportional rent reflecting the fair rental value of what they can still use. The rule is designed to ensure tenants are not held to the full terms of a rental agreement when circumstances beyond their control make the property uninhabitable or diminished in use.

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

Plain English — not legal advice.

For Property Managers

Under Haw. Rev. Stat. § 521-65, property owners and managers generally recognize that a casualty event not caused by the tenant can fundamentally alter the rental relationship and the rent owed. Compliant operators typically document the extent of damage promptly, acknowledge any notice of a tenant's election to quit, and adjust rent billing to reflect only the fair rental value of portions the tenant continues to occupy if the tenancy continues. Maintaining clear communication channels and written records of damage assessments and tenant notifications helps operators manage their obligations under this provision accurately.

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. § 521-65 gives tenants meaningful options when fire or other casualty—not caused by the tenant or their household—renders part or all of the rental unit unusable. If a tenant chooses to vacate entirely, they should be aware that notifying the landlord of that election within one week of quitting is important, as the provision ties the termination date and potential rent liability to that notice. Tenants who remain in usable portions of the premises may have grounds to pay reduced rent reflecting only the fair rental value of what they can occupy; tenant-rights organizations in Hawaii can help explain how this provision may apply to a given situation.

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
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

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

§ 47a-14
Damage or destruction of unit. Tenant's remedies.
§ 227
When tenant may surrender premises
§ 21-83d
Damage or destruction of unit or premises. Noncompliance by owner with rental agreement or statutory responsibilities. Resident's remedies.

Source Information

Source:https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0065.htm
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Fetched:Oct 23, 2026, 07:07 AM UTC
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