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

¹ HRS § 521-80(a)

To end your rental agreement, you must give your landlord:

1.  a “notice of early termination” within 90 days after the domestic violence took place. The notice must:

• state a specific date that you want the rental agreement to end (terminate); and        
• be given to the landlord at least 14 days before the end date you specified;

2. 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 a medical professional, mental health care provider, attorney, advocate, social worker, or member of the clergy. This person must be someone that you asked for help because of the domestic violence.

3. 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 submits a false notice of early termination or supporting documentation to a landlord under this law, the landlord may recover an amount equal to three months’ rent or three times their actual damages, whichever is greater, from the tenant. The landlord can also get the tenant to pay their costs and reasonable attorney’s fees.²

¹ HRS § 521-80(a)
² HRS § 521-80(f)

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)

If you or one of your immediate family members have been a victim of domestic violence and you don’t want to break your rental agreement, you can instead ask your landlord to change your locks. Your landlord then has three days from the time s/he receives your request to change the locks. However, your landlord does not have to pay for the new locks – that would be your responsibility.

If the locks aren’t changed within the three-day period, you can change the locks yourself but you must give the landlord a key.

Note: If the abuser is listed on the rental agreement, the locks cannot be changed unless there is a court order telling the abuser to move out. You must give the landlord a copy of the court order before the locks can be changed.¹

¹ HRS § 521-81(a), (b), (c)

If both the victim and the abuser are tenants in the same rental unit, and the victim ends his/her rental agreement early, you have two options:

1. You can allow the abuser to keep possession of the residence and hold the abuser responsible for all future rents due under the current rental agreement; or
2. You can terminate the abuser’s rental agreement by serving him/her with a written notice of termination at least five days before the termination date. If the abuser fails to move out on that date, you can then evict him/her. ¹

Note: Whether or not the abuser is your tenant, if the abuser’s actions caused the victim to break his/her rental agreement and this cost you money, you can sue the abuser for the money you lost.¹ If you are complying with the law in good faith, the abuser can’t sue you for any damages or any other relief.²

¹ HRS § 521-80(e)
² HRS § 521-80(g)