A Hawaii residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
The below disclosures are required for some or all residential lease agreements in Hawaii.
| Disclosure | Applicable To |
|---|---|
| Landlord’s Name and Address | All Units |
| Move-In Checklist | All Leases Collecting a Security Deposit |
| Lead Paint | All Units Built Before 1978 |
Applicable to all rental units in Hawaii.
Hawaii leases must contain the name and address of the landlord or authorized agent. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.
Hawaii has more requirements for this disclosure than many other states. Landlords who own multi-unit properties must post this disclosure two common areas on the premises (or an elevator, plus one common area). They must also disclose their General Excise Tax (GET) number so that tenants have the information needed to file for low-income tax credits. [1]
Applicable to all Hawaii rentals collecting a security deposit.
Hawaii landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out. [2]
Applicable to any Hawaii rentals built before 1978.
Hawaii residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
The following lease agreement disclosures and addenda are not required by Hawaii law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Hawaii has no cap on late fees and a $30 per check cap for returned checks. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Hawaii landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with mandatory statewide lease disclosures within 10 days after the tenant demanded them makes a Hawaii landlord liable for $100 plus reasonable attorney’s fees. [2]
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
…(a) A landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: (1) Each person authorized to manage the premises; and (2) Each person who is an owner of the premises or who is authorized to act for or on behalf of the owner for the purpose of service of process and receiving and receipting for rents, notices, and demands. The information required to be furnished shall be kept current and shall be enforceable against any successor landlord, owner, or manager…
If the landlord fails to comply with any disclosure requirement specified in section 521-43 within ten days after proper demand therefor by the tenant, the landlord shall be liable to the tenant for $100 plus reasonable attorney’s fees.
How Long Can a Residential Lease Be in Hawaii? Depending on circumstances, in Hawaii it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year. Read more » Is a Contract to Lease Binding in Hawaii? Yes, a contract to lease is legally binding in Hawaii. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Hawaii? No, lease agreements do not need to be notarized in Hawaii. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. Read more » Can a Lease Automatically Renew in Hawaii? Yes, a lease can automatically renew in Hawaii. Most rental agreements will automatically renew when the initial tenancy period is over, if neither party takes action. Past this point, the lease typically becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
