Managing a rental property in Hawaii can often make you feel like you are working in paradise. A solid Hawaii lease agreement helps you keep this balance in check by clearly defining the rights and expectations of everyone involved.
With some of the nation’s highest housing costs and unique local laws, understanding what belongs in every lease agreement in Hawaii helps landlords protect their investment and maintain positive relationships with renters.
Disclosures (4)
For Hawaii landlords, transparency isn’t optional; it’s the law. These required disclosures help tenants make informed decisions and also protect landlords from potential claims of misrepresentation.
- Lead-based paint: Federal law requires landlords to disclose any known lead-based paint on the property, as well as its hazards, for homes built before 1978.
- Landlord and designated on-island agent information: If the landlord does not live on the island, they must give the name and contact information of the designated on-island agent tasked with managing the property (Haw. Rev. Stat. § 521-43(a)).
- Excise tax number: Landlords should give tenants their excise tax number to take the necessary steps toward getting a low-income tax credit, if applicable (Haw. Rev. Stat. § 521-43(h)).
- Move-in report: Landlords should supply a move-in report that details the condition of the unit before the tenant signs a lease agreement (Haw. Rev. Stat. § 521-42(a)).
Optional Disclosures and Addenda
Even though they’re not legally required, these optional disclosures are a smart safeguard for landlords. Including details like noise expectations, smoking policies, or maintenance responsibilities helps reduce conflict down the road.
Asbestos: Informs tenants of any asbestos in the unit, as well as tips on how to minimize exposure and risk.
Bed bugs: Discloses any history of bed bug infestation in the unit or adjacent units.
Late/returned check fees: Details the late or returned check fees related to rent payments. In Hawaii, landlords may charge up to 8 percent of the rent as a late fee. Returned check fees are charged a maximum of $30 per check (Haw. Rev. Stat. § 490:3-506.5).
Medical marijuana use: Outlines the policy regarding the use of medical marijuana, including any limitations or restrictions (Haw. Rev. Stat. § 521-39).
Mold disclosure: Informs tenants of any known mold issues in the unit, as well as treatment options.
Non-refundable fees: Outlines any non-refundable fees regarding the lease.
Shared utilities arrangement: Details how the landlord will divide utility charges if any of the units share a meter.
Smoking: Describes the policy regarding smoking in the unit, as well as any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
Skipping a required disclosure can have significant consequences. In Hawaii, a landlord who forgets a legally required disclosure could face fines, delays in eviction proceedings, or even have parts of their lease ruled unenforceable.
Specifically, Hawaii imposes a penalty on landlords who fail to provide mandatory lease disclosures within 10 days of a tenant’s request. If this happens, the landlord is liable for a $100 charge, plus any reasonable attorney’s fees. Taking the time to double-check every page of the lease is much easier and less expensive than defending an oversight in court.
Security Deposit Regulations in Hawaii
Security deposits are often the first and last interaction landlords have with tenants’ money, which makes compliance essential. Hawaii limits the amount that landlords can collect and requires strict timelines for returning deposits once a tenant moves out. Following these rules precisely helps landlords avoid disputes and maintain credibility if a disagreement ever escalates.
Maximum amount: Hawaii landlords may charge the equivalent of 1 month’s rent as a security deposit. However, if the tenant has a pet, the landlord is entitled to charge a separate pet deposit (Haw. Rev. Stat. § 521-44(b)).
Deposit receipt: Landlords are not required to provide tenants with a written receipt for their security deposit payment.
Security deposit return: Hawaii landlords have 14 days after move-out to return a tenant’s security deposit, minus any deductions (Haw. Rev. Stat. § 521-44(2)(c)).
Deductions: If the landlord withholds any deductions to cover repairs, they must provide an itemized list of the deductions within 14 days of the tenant’s move-out date (Haw. Rev. Stat. § 521-44(2)(c)).
Rent Payment Regulations
Rent collection is the heartbeat of any rental business, but Hawaii law dictates how and when that process must happen. Landlords should clearly define payment methods, due dates, and late fee structures in the lease agreement to avoid confusion. Clarity isn’t just courteous — it’s protection against future misunderstandings or claims of unfair treatment.
Rent control/stabilization: Rent control and stabilization do not exist in Hawaii.
Late rent fees: Landlords are entitled to charge up to 8 percent of the monthly rent as a late fee, but they must clearly outline this fee in the lease (Haw. Rev. Stat. § 521-21(f)).
Grace period: There is no required grace period for late rent in Hawaii (Haw. Rev. Stat. § 521-68(a)).
Tenant’s right to withhold rent: Tenants may withhold up to 1 month’s rent to cover necessary repairs that the landlord did not address within 5 days of being given notice. To do this, tenants should obtain two quotes for the work and select the more affordable option. They must also keep track of all expenses, invoices, and receipts (Haw. Rev. Stat. § 521-64(b)(2)).
Violations
Virtually every landlord eventually faces a lease violation. Hawaii law outlines exactly how landlords should handle lease violations, and understanding these procedures helps landlords act decisively while staying fully compliant with state law.
Lease violation: For a lease violation in Hawaii, landlords should give the tenant a 10-day Notice to Cure or Quit (Haw. Rev. Stat. § 521-72(a)).
Missed rent payment: If a tenant misses a rent payment, the landlord may issue a 5-day Notice to Pay or Quit (Haw. Rev. Stat. § 521-68(a)).
Lease abandonment: If a tenant terminates their lease early, they may be financially liable for the remainder of the lease (Haw. Rev. Stat. § 521-70(d)(2)).
Self-help evictions: Hawaii does not allow landlords to perform self-help evictions. All evictions should go through the proper legal channels (Haw. Rev. Stat. § 521-63).
Terminating a Lease
Terminating a lease in Hawaii requires proper documentation and communication to help protect both parties and ensure the property can be re-rented quickly and lawfully.
Standard lease: In Hawaii, tenants may legally terminate their lease early in the case of military service or domestic violence (Haw. Rev. Stat. § 521-80, Haw. Rev. Stat. § 521-83).
Month-to-month: With a month-to-month lease, landlords must give 45 days’ notice to terminate the agreement; however, a tenant only has to provide 28 days’ notice (Haw. Rev. Stat. § 521-71).
Property abandonment: If a tenant leaves behind any items upon vacating, the landlord has the option to sell, store, or donate the items. If the landlord sells the items, the proceeds (minus any storage or advertising fees) should go into a trust for 30 days. If the tenant has not collected their items by then, the landlord may keep the funds from the sale (Haw. Rev. Stat. § 521-56(a)(b)).
Renewing a Lease
Lease renewals are an opportunity to lock in a great tenant and reduce turnover costs. Providing sufficient notice and reviewing market rent before offering renewal terms allows landlords to remain in control while giving tenants confidence in what comes next.
Notice requirements: To terminate a month-to-month lease, landlords must give 45 days’ notice, and tenants must give 28 days’ notice. If the lease is not month-to-month, the notice required is only 10 days. In a fixed-term lease lasting 12 months or longer, the lease agreement ends on the final day of the contract, unless the tenant and landlord agree to renew it (Haw. Rev. Stat. § 521-71).
Renewals: Hawaii landlords are not required to renew a tenant’s lease at the end of its term.
Landlord’s Access to Property
Maintaining a rental property means occasionally needing access, but state law also protects tenant privacy. In Hawaii, landlords must give at least two days’ notice before entering, except in emergencies. Respecting that boundary builds trust, prevents complaints, and keeps property management running smoothly without crossing legal lines.
Immediate access: In Hawaii, landlords are granted immediate access to the property in the case of an emergency (Haw. Rev. Stat. § 521-53(b)).
Notice requirements: Landlords should give 2 days’ notice before entering a property for routine maintenance or repairs (Haw. Rev. Stat. § 521-53(b)).
Harassment: State law mandates that landlords may not harass tenants, such as by making repeated entries without cause or failing to provide notice before entering. Either of these offenses can be enough to allow a tenant to terminate their lease early (Haw. Rev. Stat. § 521-53(b)).
