Renting a home · Updated Oct 2026 · Hawaii

Breaking a lease early in Hawaii: what to do

If you leave before a fixed-term lease ends, you may owe rent until the unit is re-rented or the lease ends, plus any fee the lease sets. Federal law lets servicemembers end a lease with military orders. Some states also let survivors of domestic violence and some other tenants end a lease early with notice, and some require the landlord to try to re-rent, which limits what you owe; these rules differ, so check your state with legal aid (LawHelp.org) and get any deal in writing.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.

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Your plan for Hawaii

Do now

  1. If you answered “Domestic violence, sexual assault or stalking” to “Why do you need to leave?”

    If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233 (thehotline.org).

    Why: Safety first.

  2. Read your lease: end date, notice rules, early termination clause, subletting rules.

    Why: The lease sets most of the costs.

  3. If you answered “Yes” to “Does your lease have an early termination or lease-break clause?”

    If your lease has an early termination clause, follow it exactly: the notice, the form of notice and the fee it lists.

    Why: The clause is the part of your lease that sets what leaving early costs.

  4. If you answered “Not sure” to “Does your lease have an early termination or lease-break clause?”

    If you're not sure, read the lease for an 'early termination', 'lease break' or 'buyout' section, or ask the landlord in writing whether there is one.

    Why: Whether there is a clause changes what you may owe.

  5. If you answered “Military service or orders” to “Why do you need to leave?”

    If you are a servicemember, gather your orders: the SCRA lets you end a residential lease signed before entering service, or after receiving orders for a permanent change of station or a deployment of at least 90 days.

    Why: Federal law, 50 U.S.C. 3955.

  6. If you answered “The home is unsafe or the landlord won't repair” to “Why do you need to leave?”

    If the home is unsafe or the landlord won't repair, check your state's repair rules first (tenantrightsmap.com repairs page); some states let you end the lease for serious problems after written notice.

    Why: Leaving without following the rules can still leave you owing rent.

  7. If you answered “Month to month” to “What kind of lease do you have?”

    If you are month to month, give written notice for the period your state requires.

    Why: A month-to-month tenancy ends with proper written notice; the notice period is set by state law (and sometimes your lease).

This week

  1. If you answered “Military service or orders” to “Why do you need to leave?”

    Servicemembers: give the landlord written notice plus a copy of the orders (hand delivery, private carrier, U.S. mail with return receipt requested, or electronic means that ensure the landlord receives it). For monthly rent, the lease ends 30 days after the next rent due date after the notice is delivered.

    Why: This is how 50 U.S.C. 3955(c)-(d) works.

  2. If you answered “Domestic violence, sexual assault or stalking” to “Why do you need to leave?”

    Ask legal aid or a domestic violence advocate whether your state lets survivors end a lease early and what proof is needed. If you live in federally assisted housing, ask about VAWA protections such as an emergency transfer.

    Why: State early-termination laws differ; VAWA covers federally assisted housing.

  3. Talk to the landlord in writing: offer to find a replacement tenant, sublet if allowed, or pay a set fee.

    Why: Some landlords agree to a deal; if yours does, get it in writing and signed.

  4. Move out cleanly: photos, keys returned, forwarding address in writing.

    Why: Protects your deposit.

If it's not resolved

  1. If the landlord claims you owe rent, ask when the unit was re-rented and what they did to re-rent it.

    Why: Some states require the landlord to try to re-rent (mitigate damages), which can reduce what you owe; others don't. Check your state's rule with legal aid (LawHelp.org) or your state's landlord-tenant law.

  2. If the landlord keeps your deposit or sues you, see the deposit situation and get legal advice.

    Why: Deposit and rent claims often get decided together.

Deadlines

SCRA lease termination: when it takes effect

General rule: Lease with monthly rent ends 30 days after the first rent due date after notice is delivered (50 U.S.C. 3955(d)(1))

Official source

Notice to end a month-to-month tenancy

General rule: see state

In Hawaii:

Landlord: at least 45 days' written notice (120 days if the landlord plans demolition, condo conversion or vacation-rental conversion). Tenant: at least 28 days' written notice. Less than month-to-month: 10 days. HRS § 521-71.

Law: HRS §§ 521-63, 521-68 (as amended by Act 278, SLH 2025), 521-71, 521-74.5 · checked Oct 2026 · From Tenant Rights Map: Hawaii

Return of your deposit after you leave

General rule: see state; Kentucky and Tennessee set no number of days (your state page explains the rule there)

In Hawaii:

Deadline
14 days
The rule
Within 14 days after the rental agreement ends. Mailing to an address you gave the landlord, postmarked by the 14th day, counts. Sue within 1 year after the lease ends.

Law: HRS § 521-44 · checked Oct 2026 · Official source · From Tenant Rights Map: Hawaii

Key facts for Hawaii

Tenant Rights Map

Deadline to return a deposit
14 days
Security deposit limit
1 month's rent (with exceptions)
Notice before an eviction case for unpaid rent
10 days
Notice before the landlord enters
2 days

Tenant Rights Map: Hawaii · checked Oct 2026

Documents to gather

  • Lease
  • Military orders (if any)
  • Written notice to the landlord and proof of delivery
  • Any agreement with the landlord
  • Move-out photos
  • Ads or messages about a replacement tenant

Letters you can send

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Notice of lease termination under the Servicemembers Civil Relief Act

Servicemember ends a residential lease with military orders.

Dear [Landlord name],

I am terminating my lease for [Rental address] under the Servicemembers Civil Relief Act, 50 U.S.C. 3955. A copy of my military orders dated [Date of your military orders] is enclosed. This notice is delivered on [Delivery date]. Please confirm the termination date and return my security deposit as required by law.

Sincerely,
[Your name]

Request to end lease early

Propose an early move-out on agreed terms.

Dear [Landlord name],

I need to end my lease at [Rental address] early because [Reason]. I plan to move out on [Move out date]. I propose: [Offer]. Please let me know in writing if you agree.

Thank you,
[Your name]

Where to go

Costs

Costs depend on your lease and state: a lease-break fee if your lease has one, or rent until the unit is re-rented or the lease ends. Under the SCRA the landlord may not charge an early termination fee, but you still owe prorated rent up to the termination date and reasonable charges for excess wear (50 U.S.C. 3955(e)(1)).

Talk to a lawyer if

  • The landlord says you owe all the rent left on the lease
  • You are leaving because of violence and need proof requirements explained
  • The landlord refuses an SCRA termination
  • The landlord sues you

Free help

Free legal aid for renters with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help) or LawHelp.org (lawhelp.org/find-help). Your state page on tenantrightsmap.com lists state tenant help. For help paying rent or utilities, call 211 or visit 211.org. HUD's state pages (hud.gov/states) list local tenant resources. Servicemembers can use free military legal assistance (JAG) offices.

Guides for your state

Questions

What is the SCRA lease termination: when it takes effect?

Lease with monthly rent ends 30 days after the first rent due date after notice is delivered (50 U.S.C. 3955(d)(1))

What is the notice to end a month-to-month tenancy in Hawaii?

Landlord: at least 45 days' written notice (120 days if the landlord plans demolition, condo conversion or vacation-rental conversion). Tenant: at least 28 days' written notice. Less than month-to-month: 10 days. HRS § 521-71. (HRS §§ 521-63, 521-68 (as amended by Act 278, SLH 2025), 521-71, 521-74.5)

What is the return of your deposit after you leave in Hawaii?

Deadline: 14 days The rule: Within 14 days after the rental agreement ends. Mailing to an address you gave the landlord, postmarked by the 14th day, counts. Sue within 1 year after the lease ends. (HRS § 521-44)

When should I talk to a lawyer?

The landlord says you owe all the rent left on the lease; You are leaving because of violence and need proof requirements explained; The landlord refuses an SCRA termination; The landlord sues you.

How much does it cost?

Costs depend on your lease and state: a lease-break fee if your lease has one, or rent until the unit is re-rented or the lease ends. Under the SCRA the landlord may not charge an early termination fee, but you still owe prorated rent up to the termination date and reasonable charges for excess wear (50 U.S.C. 3955(e)(1)).

Plans by state

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Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-24. Some details could not be fully verified; see the notes in each section.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.