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EspañolI am a victim of domestic violence. Am I allowed to end my rental agreement early?
You can end your rental agreement (lease) early if both of the following things are true:
- Your rental agreement is for a period of one year or less; and
- You - or an immediate family member who lives with you - has been the victim of “domestic violence” within the last 90 days.1
Note: For this section, “domestic violence” has the same definition as domestic abuse.2
1 Haw. Rev. Stat. § 521-80(a)
2 Haw. Rev. Stat. § 521-79
If I end my rental agreement, will my roommate or family members have to move too?
Whether or not the other people who live with you will be allowed to stay may depend on who signed the rental agreement.
If you are the only tenant who signed the rental agreement, and you were the victim of domestic violence: The rental agreement will end on the early termination date.1
If more than one tenant signed the rental agreement: It will be up to the landlord whether or not everybody else has to move too. Tenants who want to stay must prove to the landlord that they can pay the rent listed in the rental agreement without you.
If the landlord decides that the remaining tenants make enough to cover the rent, the rental agreement can continue without you.
If the landlord decides that the remaining tenants can’t pay the rent without you, the landlord can decide to end the rental agreement for everybody. If that happens, the landlord has to give the other tenants at least 14 days of notice. S/he can’t charge them any fees or penalties for ending the rental agreement early. However, they will still have to pay any money they already owe the landlord, which includes paying rent until the early termination date. All tenants who are leaving must pay the landlord the total amount they owe under the current rental agreement on or before the early termination date.2
1 Haw. Rev. Stat. § 521-80(b)
2 Haw. Rev. Stat. § 521-80(c)
What steps do I need to take to end my rental agreement?
You may be protected under this law if it has been 90 days or less since the most recent act of domestic violence. To end your rental agreement, you must give your landlord:
- a “notice of early termination,” which must:
- include the specific date that you want the rental agreement to end (terminate); and
- be given to the landlord at least 14 days before the date you chose;
- one of the following documents:
- a certified copy of your restraining order, injunction against harassment, or criminal court documents;
- documentation from a domestic violence or victim services organization; or
- documentation from someone who you asked for help because of the domestic violence. This person must be a medical professional, a mental health care provider, an attorney, an advocate, a social worker, or a member of the clergy; and
- a written statement describing your reasonable belief that the abuser knows your address. However, you do not need to do this if the abuser lives with you.1
Note: If a tenant knowingly gives a landlord a false notice of early termination or false supporting documentation, the landlord can sue the tenant. If the landlord wins the lawsuit, the tenant may have to pay him/her an amount equal to three months’ rent or three times their actual damages, whichever is greater. The landlord can also get the tenant to pay their costs and reasonable attorney’s fees.2
1 Haw. Rev. Stat. § 521-80(a)
2 Haw. Rev. Stat. § 521-80(f)
Can I choose any date I want for my early termination date?
In Hawai‘i, your early termination date has to meet two requirements. The date you choose must be:
- no sooner than 14 days after the date that you give your landlord notice; and
- no later than 104 days after the most recent act of domestic violence.1
1 Haw. Rev. Stat. § 521-80(a)
How much longer will I have to pay my rent? Can I be charged a penalty for terminating my lease early?
If you’re the only tenant, the rental agreement will end on the date you wrote in your notice of early termination. You will be responsible for paying:
- the rent until the termination date; and
- any amount that you already owed the landlord.1
You must pay the landlord the total amount you owe on or before the termination date.1
Your landlord cannot:
- charge you any extra penalties or fees for breaking your lease; or
- hold you responsible for future rent.2
1 Haw. Rev. Stat. § 521-80(b), (h)
2 Haw. Rev. Stat. § 521-80(a)
What happens to the security deposit if the lease is terminated early? What about prepaid rent?
If the rental agreement has been terminated for all tenants, the security deposit or prepaid rent should be refunded as otherwise required by law after the landlord regains possession of the home.
If one or more tenants is moving out, and one or more tenants is staying, then the security deposit or prepaid rent will be divided up. Any tenants who are moving out will receive a prorated share when their part of the rental agreement ends.
With security deposits, either a judge or the tenants must determine in writing what percentage each tenant will get and give this to the landlord. If there isn’t anything in writing, then the landlord is allowed to give each tenant an equal share of the security deposit once his/her part of the rental agreement ends.1
1 HRS § 521-80(c)(1), (c)(2)
