Retaliation by a Landlord
HRS 521-74 — no eviction, rent increase or cut in services after a good faith complaint or repair request
While the tenant keeps paying the usual rent, the landlord may not evict, force the tenant out, raise the rent, or cut services after the tenant complains in good faith to the department of health, the landlord or another agency about a violation affecting the unit, after an agency files a notice of violation, or after the tenant requests repairs in good faith.
Who handles this in Hawaii: Legal Aid Society of Hawaii, phone intake and Volunteer Legal Services of Hawaii; and legal aid programs, lawyer referral and the state offices, listed in the Hawaii directory.
- The landlord may still recover possession for waste, a nuisance or illegal use; to live there or house immediate family in good faith; to substantially remodel or demolish; for a buyer who will do either; or on a termination notice given before the complaint.
- The landlord may still raise rent to cover a substantial increase in taxes or costs, a capital improvement, or to match the rent for similar units.
- Neither protection applies where the condition was caused by the tenant's own lack of care.
A tenant dispossessed in violation of the section may recover damages and the cost of suit, including reasonable attorney's fees.
Sources for this section (1)
- HRS 521-74 — Retaliatory evictions and rent increases prohibited
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.