Hawaii Residential Lease Agreement

Last Updated: May 15, 2025 by Roberto Valenzuela

A Hawaii residential lease agreement (“rental agreement”) (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

Hawaii Lease Agreement Disclosures

These 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

Landlord’s Name and Address

Applies to all rental units in Hawaii.

Hawaii leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.

Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information. In fact, tenants can sue for $100 plus attorney fees if the landlord doesn’t comply with disclosure requirements.

Hawaii has more requirements for this disclosure than many other states. Landlords who own multi-unit properties must post this disclosure to two common areas on the premises (or an elevator, plus one common area). They also must disclose their General Excise Tax (GET) number so tenants have the information needed to file for low-income tax credits.

Move-In Checklist

Applies to all Hawaii rentals collecting a security deposit.

Hawaii landlords must provide a move-in checklist to inventory existing property damage, when the lease begins. This ensures accurate deductions from the security deposit upon move-out. A landlord isn’t allowed to collect a security deposit without providing a move-in checklist.

Download: Hawaii Move-In Checklist Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applies 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:

Download: Hawaii Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Hawaii law in residential lease agreements, but help with tenant management and landlord liability.

Optional Disclosure Purpose
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing 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. Returned check fees have a $30 limit per check.
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 efforts, plus information about treatments. This helps limit landlord liability.
Non-Refundable Fees Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Hawaii landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements Sets terms for how to divide utility costs up on properties which share a utility meter with other units. 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.

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.

In Hawaii, there’s a penalty if the landlord doesn’t provide required lease disclosures within 10 days after the tenant demands them. State law makes the landlord liable for $100 plus reasonable attorney’s fees.

Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation.

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