Haw. Rev. Stat. § 521 § 521-8
Definitions.
Operative Text
As used in this chapter, unless the context clearly requires otherwise: "Action" with reference to a judicial proceeding includes recoupment, counterclaim, setoff, and any other proceedings in which rights are determined, including an action for possession. "Apartment building" means a structure containing one or more dwelling units, except: (1) A single-family residence, or (2) A structure in which all tenants are roomers or boarders. "Dwelling unit" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. "Landlord" means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord. "Normal wear and tear" means deterioration or depreciation in value by ordinary and reasonable use but does not include items that are missing from the dwelling unit. "Owner" means one or more persons, jointly or severally, in whom is vested: (1) All or any part of the legal title to property; or (2) All or any part of the beneficial ownership and a right to present use and enjoyment of the property; and includes a mortgagee in possession. "Person" includes an individual, corporation, government or governmental agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. "Premises" means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility whose use is promised to the tenant. "Rental agreement" means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises. "Roomer" or "boarder" means a tenant occupying a dwelling unit: (1) [That] lacks at least one major bathroom or kitchen facility, such as a toilet, refrigerator, or stove[;] (2) In a building where one or more such major facilities are supplied to be used in common by the occupants of the tenant's dwelling unit and by the occupants of one or more other dwelling units[;] and (3) In a building in which the landlord resides. "Single family residence" means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single family residence if it has direct access to a street or thoroughfare and does not share hot water equipment or any other essential facility or service with any other dwelling unit. "Tenant" means any person who occupies a dwelling unit for dwelling purposes under a rental agreement. "Utility service" means service for electricity, water, sewer, and natural gas. [L 1972, c 132, pt of §1; am L 1975, c 10, §1; am L 1988, c 307, §2; am L 1991, c 212, §9; am L 2015, c 29, §2]
Hawaii Revised Statutes § 521-8 establishes the foundational vocabulary used throughout Hawaii's Residential Landlord-Tenant Code. It defines key terms such as "landlord," "tenant," "dwelling unit," "rental agreement," "premises," and "normal wear and tear," among others, so that these words carry consistent, specific meanings whenever they appear in the chapter. Notably, the definitions draw important distinctions—for example, between a roomer or boarder and a standard tenant, or between a single-family residence and an apartment building—which can determine whether and how the chapter's protections apply to a given housing arrangement.
Plain English — not legal advice.
Property owners and managers operating under Hawaii's Residential Landlord-Tenant Code should be familiar with the definitions set out in § 521-8, as these terms shape the scope of their obligations throughout the chapter. For instance, the definition of "landlord" expressly includes agents acting on an owner's behalf, meaning property managers are generally subject to the same duties as the owner. Understanding how "normal wear and tear" is defined—as ordinary deterioration that excludes missing items—is particularly relevant when assessing a dwelling unit's condition at the end of a tenancy and handling security deposit deductions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Hawaii benefit from knowing the precise definitions established in § 521-8, because these terms determine the scope of protections available under the Residential Landlord-Tenant Code. For example, whether a person qualifies as a "tenant" rather than a "roomer" or "boarder" can affect which rights and remedies apply to their housing situation. Tenants who believe a landlord is mischaracterizing their status or misapplying these definitions may find it useful to consult a tenant-rights organization or review the full chapter in light of § 521-8's definitions.
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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