The Legal Process for Handling Late Rent in Hawaii: What Owners & Property Managers Should Know

Late rent is never a fun situation. Whether you manage rentals for clients or own a property yourself, unpaid rent can create stress, uncertainty, and uncomfortable conversations. In Hawaii, it’s especially important to handle late rent the right way — because the state has clear rules that landlords and property managers must follow.

If you manage or own rentals on Oʻahu, Maui, or anywhere in Hawaii, here’s a straightforward, no-nonsense guide to what you need to know.

When Does Rent Become Late in Hawaii?

In Hawaii, rent is considered late the day after it’s due, unless your lease clearly states a grace period.

If your lease includes a grace period, rent becomes late once that period ends.
If no grace period is listed, rent is late the very next day.

Clear lease language sets expectations upfront and helps avoid misunderstandings.

Late Fees: Keep Them Clear and Reasonable

Late fees are allowed in Hawaii, but only when handled properly.
Late fees must be written into the lease.
The amount should be reasonable.
Fees can’t be added after the fact.

Late fees should encourage on-time payments, not create tension or legal issues.

The 5-Day Notice: Your First Legal Step

If rent still hasn’t been paid, Hawaii law requires a 5-Day Notice to Pay Rent or Vacate.
The notice must be written, list the amount owed, give five business days to pay, and explain that eviction may follow.
Weekends and legal holidays do not count.

Partial Payments

Accepting partial rent after issuing a notice may invalidate the notice and require starting over. Have a clear policy in place.

Eviction: Summary Possession

If rent is not paid, landlords may file for Summary Possession in District Court. Tenants can only be removed by court order.

What You Cannot Do

You may not change locks, shut off utilities, remove belongings, or harass tenants. These actions are illegal.

Final Thoughts

Late rent happens. Following Hawaii’s legal process protects your income, keeps you compliant, and reduces stress.