Hawaii Tenant Rights: How to Legally Break a Lease Early Due to Domestic Violence

Feeling unsafe in your own home is a terrifying experience. If you are a victim of domestic violence in Honolulu, Maui, or anywhere else in Hawaii, your primary focus should be on getting to safety, not worrying about the financial ruin of breaking a lease. Fortunately, the State of Hawaii provides robust legal protections for tenants fleeing an abusive situation.

In the past, victims were often forced to choose between staying in a dangerous apartment or facing massive lawsuits from landlords for unpaid rent. Today, the Haw. Rev. Stat. § 521-1 et seq. specifically addresses this crisis. Under Haw. Rev. Stat. § 521-80, a tenant who is a victim of domestic violence can terminate their rental agreement early without paying a penalty. This guide will walk you through the exact legal steps, the proof you need, and how to handle shared leases and security deposits.

The 14-Day Notice Requirement in Hawaii

You cannot simply pack your bags, leave the keys on the counter, and vanish. To legally break your lease under state law, you must provide your landlord with written notice. According to the statute, you must give the landlord written notice of your intent to terminate the lease at least 14 days before your actual move-out date. During this 14-day period, you are still legally responsible for paying the prorated rent. Once the 14 days expire, your lease is officially broken, and the landlord cannot charge you for the remaining months on the contract.

Required Proof: TRO vs. Police Report

A landlord cannot just take your word for it; the law requires you to submit specific documentation along with your 14-day written notice. You must provide your landlord with one of the following forms of proof:

• A Temporary Restraining Order (TRO) or a permanent protective order issued by a court, such as the Family Court of the First Circuit, Kapolei.
• A copy of a police report detailing the domestic violence incident, provided by the Honolulu Police Department, Honolulu or your local county police.
• A conviction record showing the abuser was found guilty of domestic violence.

The documentation must be recent; the law states that the incident of domestic violence must have occurred within the 90 days prior to you giving the notice to the landlord.

Securing Your Rental Deposit

Many tenants fear they will automatically lose their security deposit if they break the lease early. Under Haw. Rev. Stat. § 521-44, the standard security deposit rules still apply even if you terminate the lease due to domestic violence. The landlord cannot withhold your deposit as a 'penalty' for leaving early. They can only withhold funds for unpaid rent during your 14-day notice period or for actual physical damage beyond normal wear and tear. The landlord must mail you the remaining deposit and an itemized receipt within 14 days after the lease termination date.

Landlord Obligations to Change Locks in Shared Apartments

What if you want to stay in the apartment, but you need the abuser out? If your abuser is not on the lease, or if a judge has issued a protective order granting you exclusive occupancy of the residence, you can request that the landlord change the locks. The landlord must change the locks at your expense. Once the locks are changed, the landlord is legally prohibited from giving the new keys to the abuser, keeping you safe in your home.

Step-by-Step Guide to Breaking Your Lease

Follow these steps closely to ensure you are legally protected from landlord lawsuits.

Step 1: Gather Your Evidence

Obtain a copy of your police report or your court-issued TRO. Ensure the document is dated within the last 90 days. If you do not have one, you can file a petition using Form 1F-P-752a, Hawaii, Family Court, Petition for an Order for Protection.

Step 2: Draft the 14-Day Written Notice

Write a clear letter to your landlord stating your intent to terminate the lease under Haw. Rev. Stat. § 521-80 due to domestic violence. Specify your exact move-out date (which must be at least 14 days away). Attach the copy of your police report or TRO to this letter.

Step 3: Deliver the Notice

Send the notice via certified mail with a return receipt requested, or hand-deliver it to the landlord's office and ask them to sign a receipt acknowledging they received it.

Step 4: Pay Final Prorated Rent and Move Out

Calculate the rent you owe for those final 14 days and pay it. Clean the apartment, take photos of every room to prove its condition, and turn in your keys on the 14th day. Provide a safe forwarding address so the landlord can mail your security deposit.

How Much Does Legal Help Cost?

If your landlord refuses to honor your 14-day notice or tries to sue you, you may need a lawyer.

• Consultation: Many tenant rights attorneys offer a flat fee of $150 to $300 to write a firm legal letter reminding the landlord of the state statute.
• Security Deposit Claims: If the landlord illegally keeps your deposit, you must handle the case pro se in Small Claims Court, as Haw. Rev. Stat. § 633-28(b) prohibits licensed attorneys from representing parties in residential security deposit hearings. However, an attorney can provide out-of-court advice or draft a pre-suit demand letter, typically charging hourly rates of $200 to $400.

How Long Does the Process Take?

The timeline is completely in your control once you have your police report or TRO. After you hand the notice and the proof to your landlord, the lease is legally terminated exactly 14 days later. You must move out by the end of that 14th day. The landlord then has 14 days from your move-out date to return your security deposit.

Frequently Asked Questions (FAQ)