The Hawaii residential lease agreement (“rental agreement”) is used to formalize an agreement between a landlord and tenant to rent real property in exchange for rent payments. The contract includes terms and conditions outlining the responsibilities of each party. A common rental agreement term is for one year.
Hawaii Lease Agreement Disclosures
The below disclosures are required for some or all residential lease agreements in Hawaii.
Landlord’s Name & Address
Applicable to all rental units in Hawaii.
Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease. This information should be provided in writing at or before the commencement of the tenancy.
Multi-unit properties owned by a single owner dwelling structure must post this disclosure in elevators and in one common area on the premises. If there is no elevator, the landlord the disclosure shall be posted in two common areas on the premises.
Lastly, landlords must provide their General Excise Tax (GET) number to tenants so they can file for a low-income tax credit (if applicable).
Applicable to all rental units that charge a security deposit in Hawaii.
Hawaii landlords that intend to charge a security deposit are required to provide an inventory of the rental unit’s condition in the form of a move-in checklist. The prospective tenant must agree and acknowledge the move-in checklist prior to tenancy.
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Hawaii to:
- 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 additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Optional Disclosures & Addendums (Recommended)
The below lease agreement disclosures and addendums are not required by Hawaii law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.
|Optional Disclosure||How the Disclosure is Helpful|
|Asbestos||This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers.|
|Bed Bugs||If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord.|
|Late/Returned Check Fees||Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In Hawaii there are no limits on late fees and a $30 limit on returned checks.|
|Medical Marijuana Use||Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.|
|Mold Disclosure||Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages.|
|Non-Refundable Fees||A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease.|
|Shared Utilities Arrangements||For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month.|
|Smoking||Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.|
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.
In Hawaii, a tenant has the right to demand lease disclosures. If the landlord fails to comply with the mandatory lease disclosures within 10 days after the tenant has made the demand for the disclosure, the landlord can be held liable for $100 plus reasonable attorney’s fees. (HRS §521-67)
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local and state laws on which disclosures you must provide to your tenant.