Hawaii Residential Lease Agreement

Required Landlord Disclosures (6)

Under state and federal law, landlords must provide tenants with certain disclosures during the Hawaii residential lease agreement process, which include:

1. Lead paint: Federal law requires landlords of most homes built before 1978 to disclose known lead-based paint or lead-based paint hazards and provide an EPA-approved pamphlet (42 U.S.C. § 4852d).
2. Landlord and owner information: Hawaii landlords must disclose in writing, at or before the start of the tenancy, the name and address of each person authorized to manage the premises and each owner or person authorized to act for the owner for service of process, rent receipts, notices, and demands (Haw. Rev. Stat. § 521-43).
3. Written lease copy: If a Hawaii landlord uses a written rental agreement, the landlord must give the tenant a copy of the document. Landlords should include this step in the lease-signing process so both parties can reference the same written terms (Haw. Rev. Stat. § 521-43).
4. Landlord and designated on-island agent information: Hawaii landlords must disclose in writing the name and address of each person authorized to manage the premises and each owner or authorized agent who can receive service of process, rents, notices, and demands. If the owner or landlord lives outside Hawaii or on a different island from the rental unit, the written lease must designate an agent who lives on the same island as the rental unit (Haw. Rev. Stat. § 521-43(f)).
5. Excise tax number: Landlords must provide tenants with their excise tax number so they can take the necessary steps to obtain a low-income tax credit, if applicable (Haw. Rev. Stat. § 521-43(h)).
6. Move-in report: Before the tenant occupies the unit, Hawaii landlords must inventory the premises and make a written record of its condition and any furnishings or appliances. The landlord and tenant must sign duplicate copies, with each receiving a copy (Haw. Rev. Stat. § 521-42(a)(6)).

Security Deposit Regulations

Maximum security deposit amount: The maximum amount a Hawaii landlord can charge for a security deposit is 1 month’s rent. If the tenant has a pet, the landlord may charge an additional pet deposit, up to 1 month’s rent. Landlords cannot charge this pet deposit for an assistance animal (Haw. Rev. Stat. § 521-44(b)).

Receipt of deposit: Hawaii law does not require landlords to provide tenants with a security deposit receipt.

Deduction tracking: Hawaii landlords must provide tenants with a written list of deductions from the security deposit, along with written evidence such as estimates, invoices, or receipts, within 14 days after the rental agreement ends (Haw. Rev. Stat. § 521-44(c)).

Returning a tenant’s security deposit: Hawaii landlords must return security deposits to their tenants within 14 days after the rental agreement ends, minus any lawful deductions (Haw. Rev. Stat. § 521-44(c)).

Tenant repair agreements: Hawaii landlords and tenants may agree that the tenant will perform certain repairs, maintenance tasks, or minor remodeling only if the agreement is made in good faith, does not evade the landlord’s legal duties, does not require the tenant to cure health or safety code violations, and does not reduce the landlord’s duties to other tenants (Haw. Rev. Stat. § 521-42).

Landlord’s Access to Property

Advance notice: Tenants are entitled to 2 days’ notice before a landlord may access the unit, and landlords should enter only at reasonable times (Haw. Rev. Stat. § 521-53(b)).

Immediate access: A landlord does not have to give advance notice before entering in an emergency if notifying the tenant beforehand is impractical (Haw. Rev. Stat. § 521-53(b)).

Landlord harassment: Hawaii law requires landlords to give proper notice and enter only at reasonable times, except in emergencies. Repeated improper entries may violate the tenant’s rights and give the tenant grounds to pursue legal remedies or break the lease early without penalty (Haw. Rev. Stat. § 521-53(b)).

Rent Payment Laws

Grace period: In Hawaii, tenants do not have extra time to pay rent after it becomes overdue because state law does not require a grace period. If rent is still unpaid after the due date, the landlord may issue the required written notice before terminating the rental agreement (Haw. Rev. Stat. § 521-68(a)).

Nonpayment notice period: Hawaii landlords must give tenants a 10-calendar-day written notice before terminating a rental agreement for nonpayment of rent. The notice must include required mediation language, and the landlord must provide a copy to a state-funded mediation center (Haw. Rev. Stat. § 521-68).

Late rent fees: Hawaii landlords should state any late rent fee in the lease, including the amount, timing, and when the fee applies. Hawaii law does not create a general grace period for late rent, but landlords should avoid fees that operate as unlawful penalties or conflict with the rental agreement (Haw. Rev. Stat. § 521-21(f)).

Tenant’s right to withhold rent: Hawaii tenants may withhold up to 1 month’s rent for certain repairs if the landlord does not begin essential repairs within 5 business days after written notice. The tenant must get 2 estimates, choose the lower bid, and keep records of expenses, receipts, and invoices for the landlord (Haw. Rev. Stat. § 521-64(b)(2)).

Rent receipts: Hawaii landlords must provide tenants with a written receipt when they pay rent. Canceled checks also satisfy the receipt requirement, and landlords must provide a receipt for check payments if the tenant requests one (Haw. Rev. Stat. § 521-43).

Breach of Rental Agreement

Missed rent payment: If rent remains unpaid when due, Hawaii landlords must give the tenant a written 10-calendar-day notice before terminating the rental agreement for nonpayment. The notice must include the required mediation language, and the landlord or agent must provide a copy to a state-funded mediation center (Haw. Rev. Stat. § 521-68(a)).

Lease violation: A Hawaii landlord should first give the tenant written notice of a lease violation and allow at least 10 days to fix it. If the tenant does not remedy the issue, the landlord may terminate the rental agreement, as stated in the notice (Haw. Rev. Stat. § 521-72(a)).

Self-help evictions: Hawaii does not allow self-help evictions, such as changing the locks or shutting off utilities. Landlords must follow the legal eviction process to remove a tenant (Haw. Rev. Stat. § 521-63).

Lease abandonment: If a Hawaii tenant abandons the unit or ends a lease early, they may remain responsible for rent for the remainder of the original lease term, subject to the landlord’s legal remedies and duty to rerent, when applicable (Haw. Rev. Stat. § 521-70).

Prohibited lease clauses: Hawaii lease agreements cannot waive rights under the Residential Landlord-Tenant Code, separate rent collection from landlord obligations, waive landlord liability, authorize confession of judgment, or require attorney fees beyond the amount allowed by law. Landlords should remove any prohibited clause before signing (Haw. Rev. Stat. § 521-31 to 521-35).

Ending a Lease

Month-to-month: A landlord must give 45 days’ notice to end a standard month-to-month rental lease agreement in Hawaii, while tenants must give 28 days’ notice (Haw. Rev. Stat. § 521-71).

Fixed-term: Domestic violence and military service are legal grounds for a Hawaii tenant to break a fixed-term lease agreement early (Haw. Rev. Stat. § 521-80, § 521-83).

Property abandonment: A landlord has the right to sell, store, or donate items a tenant leaves behind. The landlord must first make reasonable efforts to notify the tenant. If the landlord sells the tenant’s personal property, they must hold the proceeds in trust for 30 days, minus storage, advertising, and sale costs. If the tenant does not claim the proceeds within 30 days, the landlord may keep the money (Haw. Rev. Stat. § 521-56(a), (b)).

Renewing a Lease

Required renewals: Landlords are not required to renew standard lease agreements. If the lease has a fixed end date, the lease typically ends on that date unless the landlord and tenant agree to renew it.

Required notice: Landlords must give tenants 45 days’ notice to end a month-to-month rental lease agreement in Hawaii. Tenants, on the other hand, only need to give 28 days’ notice to terminate a month-to-month lease. For tenancies shorter than month-to-month, either party can terminate the rental agreement by giving at least 10 days’ notice. If the tenant remains in possession after the lease term ends without the landlord’s consent, the landlord may pursue legal remedies for holdover tenants (Haw. Rev. Stat. § 521-71).