Renting a home that was foreclosed in Hawaii: your rights

Your rights as a renter in Hawaii, in order

1. Federal floor: 90 days and your lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to move, and a lease signed before the foreclosure lasts until it ends unless the buyer will live in the home. Section 8 voucher holders keep their lease and housing assistance contract. Hawaii's 45-day notice for month-to-month tenancies is shorter, so the federal 90 days controls for bona fide tenants. See our [renter's notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); 42 U.S.C. § 1437f(o)(7); HRS § 521-71(a)

2. You may be able to buy the home

   Within 15 to 45 days after a power of sale auction

   Since July 1, 2025, a lender's power of sale auction is not final right away. A renter who lives in the home as a main residence under a rental agreement, and is not the owner or the owner's child, spouse or parent, can send the lender a bid that equals or beats the winning bid, or a written notice of intent to bid, within 15 days, and can bid up to 45 days after the sale. Send it by certified mail or another tracked method.

   HRS § 667-29.5

3. The new owner must go to court

   After the sale deed and affidavit are recorded

   After a power of sale, people living in the home under the former owner are treated as tenants at sufferance, and the buyer must file a summary possession or ejectment case to get a writ of possession. The same rule applies after an association's power of sale. The loser of that case pays the winner's attorney's fees, so get legal help before a hearing.

   HRS §§ 667-33(c), 667-102(c)

4. No lockouts or utility shutoffs

   At any time

   A landlord who removes or keeps you out overnight without a court order can owe you 2 months' rent plus costs and attorney's fees. A landlord also cannot try to get you out by cutting off water, hot water, electricity, gas or other essential services, which brings at least 3 times the monthly rent or $1,000, whichever is more. Report problems to the Office of Consumer Protection.

   HRS §§ 521-63(c), 521-74.5

5. Who to pay rent to

   As soon as ownership may have changed

   Your landlord must give you in writing the name and address of the owner and the manager, keep it current, and that duty carries over to a successor owner. Ask the new owner in writing for that information and where to pay, and keep receipts. If your landlord's condo or planned community association forecloses, the court can appoint a receiver to collect rent from a tenant of the unit.

   HRS § 521-43(a); HRS § 514B-146(a); HRS § 421J-10.5(a)

6. Your security deposit

   Within 20 days after the transfer

   When a landlord's interest transfers by sale or otherwise, the successor is bound by the deposit rules and must tell you in writing how much deposit it credits you with within 20 days. If it does not, the law presumes you paid at least one month's rent as a deposit. You can take a deposit dispute to small claims court.

   HRS § 521-44(f), (g)

Common questions in Hawaii