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.
Hawaii Lease Agreement Disclosures
The below disclosures are required for some or all residential lease agreements in Hawaii.
Landlord’s Name and Address
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.
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.
Lead-Based Paint Disclosure
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:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint.
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Optional Disclosures and Addenda (Recommended)
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.
|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.
|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.
|Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability.
|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.
|Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.
Consequences of Not Including Mandatory Disclosures
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.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.