RR
Rent Regulations

Haw. Rev. Stat. § 521 § 521-78

Rent trust fund.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiRent Withholding

Operative Text

Haw. Rev. Stat. § 521 § 521-78
(a) At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subsection (c), and in the case of a proceeding in which a rent increase is in issue, the amount of the rent prior to the increase; provided that the tenant shall not be required to deposit any rent where the tenant can show to the court's satisfaction that the rent has already been paid to the landlord; provided further that if the parties had executed a signed, written instrument agreeing that the rent could be withheld or deducted, the court shall not require the tenant to deposit rent into the fund. No deposit of rent into the fund ordered under this section shall affect the tenant's rights to assert either that payment of rent was made or that any grounds for nonpayment of rent exist under this chapter.
(b) If the tenant is unable to comply with the court's order under subsection (a) in paying the required amount of rent into the court, the landlord shall have judgment for possession and execution shall issue accordingly. The writ of possession shall issue to the sheriff or to a police officer of the circuit where the premises are situated, commanding the sheriff or police officer to remove all persons from the premises, and to put the landlord, or the landlord's agent, into the full possession thereof.
(c) The court in which the dispute is being heard shall accept and hold in trust any rent deposited under this section and shall make such payments out of money collected as provided herein. The court shall order payment of such money collected or portion thereof to the landlord if the court finds that the rent is due and has not been paid to the landlord and that the tenant did not have any basis to withhold, deduct, or otherwise set off the rent not paid. The court shall order payment of such money collected or portion thereof to the tenant if the court finds that the rent is not due or has been paid, or that the tenant had a basis to withhold, deduct, or otherwise set off the rent not paid.
(d) The court shall, upon finding that either the landlord or the tenant raised the issue of payment or nonpayment of rent in bad faith, order that person to pay the other party reasonable interest on the rent deposited into the court. [L 1978, c 75, §2; am L 1981, c 235, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 521-78 establishes a rent trust fund mechanism that courts can activate during disputes over rent payment or nonpayment. When either party requests it, the court may order the tenant to deposit disputed rent into the court's custody as it comes due, rather than paying it directly to the landlord or withholding it entirely. The court then holds those funds in trust and distributes them—to the landlord, the tenant, or some combination—based on its findings about whether rent was owed and whether any basis for withholding existed. If either party raised the payment dispute in bad faith, the court may also order that party to pay the other reasonable interest on the deposited funds.

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

Plain English — not legal advice.

For Property Managers

Under § 521-78, landlords involved in a court proceeding where rent payment is disputed can request that the court order the tenant to deposit disputed rent into a court-held trust fund as it comes due. Compliant operators generally keep clear records of rent received and any written agreements about rent withholding or deduction, since the court will examine those records when deciding how to distribute the deposited funds. If a tenant fails to make the required deposits after a court order, § 521-78 provides that the landlord may be entitled to a judgment for possession, with a writ directing removal of occupants.

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

For Tenants

Section 521-78 of Hawaii's Residential Landlord-Tenant Code gives tenants a structured way to handle disputed rent during court proceedings: rather than simply withholding rent or paying it outright, a tenant may be ordered to deposit it into a court trust fund, preserving their right to argue that rent was already paid or that a valid legal basis for nonpayment exists. Tenants should be aware that failing to comply with a court deposit order under § 521-78 can result in a judgment for possession in the landlord's favor. Tenants facing a rent dispute may benefit from consulting a tenant-rights organization or legal aid service to understand how the trust fund process interacts with other defenses available under Hawaii's 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.

Effective Timeline

Current
Oct 23, 2026
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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

§ 127F
Court order regarding rental payments; disbursement of funds; receiver
§ 47a-12
Breach of agreement by landlord. Tenant's remedies.
§ 302-A
Abatement of rent in the case of serious violations

Source Information

Source:https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0078.htm
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