Hawaii subletting rules for landlords: tenants may sublet unless your written lease says otherwise

What is the Hawaii default?

Subsection (a) lets the tenant sublet or assign without the landlord's consent, unless a written rental agreement says otherwise. That is the opposite of the default in many states. A Hawaii landlord who says nothing in the lease has no right to refuse a sublease on consent grounds.

How does a landlord get a consent right?

Subsection (c) says a written rental agreement may provide that the tenant's right to sublet or assign is subject to the consent of the landlord. The key word is written. An oral understanding, or a house rule posted later, does not change the statutory default. Write the clause into the lease at signing, and have the tenant initial it.

Example a made-up landlord in Honolulu has a lease with the line "Tenant may sublet or assign only with Landlord's prior written consent." The statute lets that clause control, so a sublease without consent breaches the lease. A landlord with no such line has no consent right.

Which tenants are outside the rule?

Subsection (b) says subsection (a) does not apply to a tenant of a dwelling unit administered, owned or subsidized by the United States, the State, a county or any agency of them. If you manage subsidized units, their program rules control, not the default in subsection (a).

A note on the source

The text quoted here is from the Hawaii Legislature's 2017 copy of chapter 521, where section 521-37 shows a last amendment in 1985. The legislature's current-statute page for the section did not load for me, so confirm the current wording on the official site. The page I read sets no response deadline, no reasonableness standard and no fee.

Where Hawaii landlords slip

The slip is an unwritten policy. Landlords sometimes tell tenants verbally that subletting needs approval, then try to enforce it after the fact. In Hawaii the written rental agreement is the only way to make the right subject to your consent. Review every lease template you use, including renewals: a renewal that drops the clause also drops the right. When you give consent, put it in writing and say who is responsible for rent. When you rely on the clause to refuse, state the reason and apply the same standard to every request.

Reviewing your lease templates

Since the consent right exists only if the written rental agreement creates it, review every template. Check the original lease, renewal forms and any addendum for the sublet and assignment clause, and confirm that the words match your practice. Decide whether you want consent for both sublet and assignment, and say so. Add a line describing how a tenant asks and how soon you answer. If you manage subsidized units, mark those leases, because the statute's default does not apply to them and the program's own rules control. Keep signed copies of the version each tenant actually received. When you give consent, send a short written reply the same day so nothing depends on memory.

How DoorKeeping fits in Hawaii

DoorKeeping keeps a Hawaii tenant's sublet or assignment request in the unit's message thread with the date it arrived, the proposed occupant's details and your reply. The lease clause is stored with the signed lease, so the written agreement the statute depends on is easy to show. This is general information, not legal advice. Check the current statute and your lease before you act.

Sources

1. Hawaii Revised Statutes 521-37, Subleases and assignments (Hawaii State Legislature, chapter 521 copy), read Oct 30, 2026

Questions

Can a Hawaii tenant sublet without the landlord's consent?

Yes, unless a written rental agreement provides otherwise (HRS 521-37).

How can a Hawaii landlord require consent?

By a written rental agreement providing that the tenant's right to sublet or assign is subject to the landlord's consent.

Does the Hawaii rule apply to subsidized units?

No. It does not apply to a dwelling unit administered, owned or subsidized by the United States, the State, a county or any agency of them.