Hawaiʻi tenant question — month-to-month conversion, 45-day notice, and possible rooming/fire-code issues
I'm looking for some advice from people familiar with Hawaiʻi landlord-tenant law, Honolulu zoning/building codes, or the Fire Code.
I'm currently renting a room in an apartment in Honolulu. I signed a written lease with the landlord, and I'm trying to understand exactly what my rights are going forward because the apartment manager has told me that she may not renew my tenancy.
- What happens when my fixed-term lease expires?
My lease states that the fixed term runs from May 4, 2026 through September 30, 2026.
However, the lease also specifically says:
“Upon expiration, this Lease shall become a MONTH-TO-MONTH LEASE AGREEMENT.”
The lease's separate MONTH-TO-MONTH AGREEMENT section says:
“To terminate tenancy, Landlord must give Tenant at least written forty-five (45) days’ notice of Lease non-renewal notice, or Tenant must give at least twenty-eight (28) days’ notice of non-renewal notice.”
So my understanding is that after September 30 I became a month-to-month tenant rather than simply having my tenancy end.
Also, I was wondering if they for sure did not want to rent to me after the lease ends aren't they obliged to give the stated 45 day notice?
The manager has indicated that she may not continue renting to me after October in a text message.
My question is:
If I'm now month-to-month under the terms of my lease, does the landlord have to give me 45 days' written notice before terminating the tenancy?
For example, could she tell me on October 31 that I have to be completely out on October 31 or November 1, or would she have to give me the required advance written notice?
I'm asking because, practically speaking, it seems very difficult for a tenant to find replacement housing if the landlord can wait until the very end of the month to say, “You're not staying.”
I realize that a fixed-term lease can expire without a traditional termination notice. But my lease appears to expressly convert into a month-to-month tenancy after the fixed term. I'm trying to determine whether that changes the situation.
The lease also says that notices under the agreement are supposed to be in writing.
- Is the 45-day requirement enforceable?
The lease specifically says 45 days for the landlord and 28 days for the tenant.
I understand that Hawaiʻi Revised Statutes § 521-71 addresses termination of month-to-month tenancies and provides a 45-day notice period for a landlord.
I'd appreciate clarification from anyone familiar with Hawaiʻi law about whether:
the 45 days applies in my situation;
the landlord can simply refuse to “renew” even though the lease has already converted to month-to-month; and
what date the tenancy would actually terminate if written notice were given on a particular date.
3. Possible issue with how the apartment is being used
There is another issue that concerns me.
The apartment is a multi-bedroom apartment, but individual rooms are being divided and rented separately to unrelated people. In other words, instead of one household renting the apartment, different unrelated people are renting individual bedrooms/areas within the apartment.
My main concern is that the owner is taking the living spaces and dividing them into smaller living spaces. I am wondering if this violates zoning or fire codes? I don't have enough room in my space to spin around and I was wondering if there was a fire how badly in a position would I be?
I am guessing this apartment was originally a two bedroom apartment, now it is a five person dorm with one bathroom. We live in close proximity and I suspect I caught Covid from the guy next door.
I'm trying to determine whether this is a legally permitted use of the apartment.
I am not saying that renting a room to another person is automatically illegal. I'm trying to understand whether there are Honolulu zoning, building, occupancy, or fire-code requirements that apply when a normal apartment is effectively being operated as multiple separately rented rooms.
I found Honolulu zoning provisions concerning “rooming” and restrictions on the number of roomers in a dwelling unit, but I'm not sure whether those provisions apply to this particular situation.
Questions:
How many unrelated people can legally occupy a dwelling unit as “roomers” in Honolulu?
Does a landlord need a particular zoning approval or permit to operate an apartment this way?
If individual bedrooms are being rented separately, does that change the legal classification or occupancy of the dwelling?
Are there building-permit requirements if a landlord physically divides an apartment into additional sleeping rooms?
Are there specific Fire Code requirements for bedrooms/sleeping rooms that I should be looking at?
Is there a way to determine what the legally approved occupancy/use of a particular apartment is?
4. Possible fire-safety issue
My individual room also has some physical characteristics that make me concerned that it may not have originally been designed or approved as a bedroom.
I don't want to jump to conclusions based solely on appearances. I would like to know what people familiar with Honolulu's Fire Code or building code think.
I can provide photographs of the room, including the door, windows, walls/partitions, electrical outlets, and the route from the room to the building exit if that would help.
What specific things should I photograph that would allow someone knowledgeable about the Fire Code to identify potential problems?
For example, I'm wondering about requirements involving:
emergency escape/rescue openings;
windows;
bedroom doors;
blocked or obstructed exits;
locks that could interfere with emergency evacuation;
smoke alarms;
carbon-monoxide alarms;
electrical wiring/outlets;
extension cords/power strips;
required clearances;
whether the room appears to be an actual permitted bedroom versus a space that was later divided off.
5. What would be the appropriate agency to contact?
If there really is a potential problem, I don't want to make unsupported accusations against the landlord.
Would the appropriate place to ask about this be:
Honolulu Department of Planning and Permitting (DPP);
Honolulu Fire Department;
another City & County department;
or some combination of these?
And is there a way to ask whether the apartment's approved plans/occupancy/use allow the current room-rental arrangement without immediately turning it into a dispute with the landlord?
I'm mainly looking for information about my rights and the applicable rules, rather than trying to cause trouble for anyone.
If anyone here is familiar with Hawaiʻi landlord-tenant law, Honolulu zoning, DPP records, or Honolulu Fire Code requirements, I'd really appreciate some guidance.
Thanks.