No bed bug statute, but Hawaii hands tenants something no other state does. The landlord must inventory the premises in writing before you move in, signed by both parties — and IF THEY FAIL TO DO IT, the law rebuttably presumes the condition at the end of your tenancy was the same as when you moved in. That presumption goes directly to the argument that decides most bed bug cases, namely who brought them in. The clock is short too: written notice of a condition depriving you of a substantial part of the benefit of your bargain, one week to remedy, then you may terminate.
Who pays for treatment
Landlord — duty runs at all times during the tenancy
Landlord response deadline
One week after written notice
Disclosure before lease
Written move-in inventory required
What the law actually says
No bed bug provision. Residential Landlord-Tenant Code, HRS ch. 521. § 521-42(a) — the landlord shall AT ALL TIMES DURING THE TENANCY (1) comply with all applicable building and housing laws materially affecting health and safety; (2) keep common areas of a multi-dwelling unit premises in a clean and safe condition; (3) make all repairs and arrangements necessary to put and keep the premises in a habitable condition; (4) maintain all electrical, plumbing and other facilities and appliances supplied by the landlord in good working order subject to reasonable wear and tear; and (6) except for a single family residence or where the building is not required by law to be so equipped, provide for the supplying of running water as reasonably required. Pests are not enumerated. THE INVENTORY PRESUMPTION, § 521-42(a): prior to the initial date of initial occupancy the landlord shall inventory the premises and make a written record detailing their condition and any furnishings or appliances provided; duplicate copies must be signed by landlord and tenant with a copy given to each tenant; in an action under the section the executed inventory is presumed correct; AND IF THE LANDLORD FAILS TO MAKE SUCH AN INVENTORY AND WRITTEN RECORD, THE CONDITION OF THE PREMISES ON TERMINATION IS REBUTTABLY PRESUMED TO BE THE SAME AS WHEN THE TENANT FIRST OCCUPIED THEM. For an infestation dispute this is the strongest evidentiary provision in the fifty-one, because it shifts the burden on causation to the party who skipped the paperwork. ANTI-SHIFTING, § 521-42(b): landlord and tenant may agree the tenant performs specified repairs, maintenance tasks and minor remodeling ONLY IF (1) the agreement is entered into in good faith and is NOT for the purpose of evading the obligations of the landlord; (2) the work is not necessary to cure non-compliance with § 521-42(a)(1); and (3) the agreement does not diminish the landlord's obligations to other tenants. Remedies: § 521-62 (termination at beginning of term) — where the landlord fails to conform to the rental agreement or is in material non-compliance with § 521-42(a), the tenant may on notice terminate and vacate at any time during the first week of occupancy, AND retains that right beyond the first week so long as they remain in possession in reliance on a promise, written OR ORAL, by the landlord to correct the condition. § 521-63 (termination at any time) — if any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain, the tenant may notify the landlord in writing and, if the landlord does not remedy within one week, terminate. § 521-64 repair and deduction for minor defects. § 521-66 — on termination under §§ 521-62, 521-63 or 521-65 the landlord must return apportioned advance rent and any deposit not retainable under § 521-44 within fourteen days, satisfied by certified mail return receipt requested postmarked before midnight of the deadline. Retaliation protection covers a tenant who has in good faith requested repairs under § 521-63 or § 521-64, though the landlord may still recover possession where the tenant is committing waste or a nuisance or using the unit for an illegal purpose. Disclosure: § 521-43. Official text: Hawaii State Legislature, capitol.hawaii.gov.
Hiring someone in Hawaii? Check they are actually licensed for structural pest control before you pay a deposit. Verify a Hawaii exterminator →
What to do, in order
Photograph everything before you touch it
Live insects, shed skins, dark staining along the mattress seam. Timestamps are the evidence.
Notify the landlord in writing
Email or certified letter, never a phone call alone. Written notice is what starts the clock in every state that has one.
Do not throw out furniture yet
Discarded items can't be inspected, and moving them spreads the infestation down the hallway.
Let the deadline above run
Escalating before it expires generally forfeits the remedy.
Escalate to the housing agency, then to court
An independent inspection report is worth more than your own photographs. Rent withholding rules vary sharply — check the section above before you try it.
Read it yourself
Everything above was written by reading the sections named in the citation, not by summarizing another summary. You should not take our word for it — open the statute and check. Look up the section numbers quoted above.
The state's own legislature or code site. Search it for the section numbers quoted above — they are the whole basis for this page.
Last checked against the Hawaii code: . Statutes change every legislative session — if you are reading this long after that date, open the cited sections yourself before relying on them.
Not legal advice. This is a plain-language reference to publicly available statutes, verified against the Hawaii code. Liability turns on your lease, your local ordinance and your specific facts. Talk to a tenant attorney or legal aid before withholding rent or filing anything.