By Angel Campa, Founder · Updated March 2026
Hawaii presents a uniquely constrained and nuanced commercial leasing environment shaped by island geography, extremely limited land supply, and complex ownership structures dominated by large private and institutional landowners (kama'aina estates). Commercial landlord-tenant law is governed primarily by Hawaii Revised Statutes (HRS) Chapter 521 for general landlord-tenant matters and HRS Chapter 666 for summary possession (eviction) proceedings. The state's leasehold land tenure system is pervasive in commercial real estate: many properties are ground-leased from large landowners, creating a layered leasehold structure where commercial tenants may occupy space under a sublease from a master tenant who itself holds a ground lease from the fee owner.
Self-help evictions are not permitted in Hawaii; landlords must use the formal summary possession judicial process under HRS Chapter 666. Hawaii does not provide statutory CAM audit rights for commercial tenants. The state imposes a General Excise Tax (GET) on commercial rent receipts—one of the most impactful commercial lease tax regimes in the country—which must be addressed in all lease abstractions. Commercial practitioners must also be aware of the Condominium Property Act (HRS Chapter 514B) where applicable to commercial condominium units, and the state's unique water rights and shoreline setback regulations affecting coastal commercial properties.
While primarily residential in scope, HRS Chapter 521 informs commercial leasing practice as a baseline for landlord obligations and notice standards in Hawaii.
View statute →Governs the eviction process for commercial properties, providing the statutory framework for summary possession proceedings including required notices and court procedures.
View statute →Imposes the General Excise Tax (GET) on gross rent received by commercial landlords, a significant financial obligation that affects lease structuring and rent calculations throughout Hawaii.
View statute →| Type | Period | Details |
|---|---|---|
| Nonpayment of Rent | 5 days | Under HRS Chapter 666, a landlord must serve a 5-day written notice to pay rent or surrender possession before filing a summary possession action for non-payment of commercial rent. |
| Month-to-Month Termination | 45 days | Hawaii requires 45 days of advance written notice to terminate a month-to-month commercial tenancy. |
| Lease Violation (Non-Rent) | 10 days | For material lease violations other than non-payment of rent, a 10-day written notice to cure or quit is required before the landlord may file for summary possession. |
No statutory audit rights; all audit provisions must be negotiated in the lease.
Hawaii commercial tenants have no statutory right to audit landlord operating expenses or CAM reconciliations. Audit rights must be explicitly negotiated and documented in the lease. Given Hawaii's complex leasehold ownership structures, audit provisions should address whether the tenant's right extends to ground rent and master lease operating expenses that flow through to the sublease, as well as the proper allocation of GET obligations in reconciliation statements.
Disclaimer: This page provides general information about commercial landlord-tenant law in Hawaii. It is not legal advice. Laws change frequently and local ordinances may impose additional requirements. Consult a licensed attorney in Hawaii for guidance specific to your situation.
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