Hawaii Residential Lease Agreement

Important Information for Hawaii Landlords

Hawaii Rental Law Highlights

Security Deposits (HRS § 521-44)

• Maximum Amount: 1 month rent (furnished or unfurnished)
• Return Timeline: 14 days after termination to return deposit with itemized statement
• Written Description Required: Must provide written description of property condition at move-in
• Itemized Statement: Must include description, location, and cost of repairs/cleaning
• Normal Wear and Tear: Cannot deduct for ordinary wear and tear
• Interest Not Required: No obligation to pay interest on deposits
• Penalties: Failure to return may result in damages

Rent and Rent Increases (HRS § 521-21)

• No Rent Control: Hawaii does not have statewide rent control
• 45-Day Notice Required: For rent increases (month-to-month or lease renewal)
• Grace Period: 5 days before late fees can be charged
• Late Fees: Must be reasonable and specified in lease
• NSF Fee: Maximum $30 for returned check (HRS § 490:3-806)
• General Excise Tax: Landlords must pay GET on rental income

Required Disclosures (HRS § 521-42, 521-43)

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Landlord or authorized agent name and address (HRS § 521-43)
• Move-in condition checklist (HRS § 521-42)
• General Excise Tax license number
• Smoke detector information
• Carbon monoxide detector information (if applicable)
• Landlord-Tenant Information and Complaint Form (HRS § 521-43)
• Mold disclosure (if known)
• Flood zone disclosure (if applicable)
• Tsunami zone disclosure (if applicable)

Eviction and Termination (HRS § 521-68 to 521-71)

• 5-Day Notice: For nonpayment of rent (no cure opportunity)
• 10-Day Notice: For lease violations (with cure opportunity)
• 45-Day Notice: To terminate month-to-month tenancy (either party)
• 28-Day Notice: After fixed-term expiration (if holdover not acceptable)
• Immediate Notice: For illegal activity or serious damage
• Summary Possession: Court process required for eviction
• No Self-Help: Lockouts and utility shutoffs are illegal (HRS § 521-63)

Landlord Obligations (HRS § 521-42)

• Habitability: Must maintain premises in fit and habitable condition
• Essential Services: Running water, hot water, electricity
• Building Codes: Must comply with applicable building and housing codes
• Structural Soundness: Roof, walls, floors in good repair
• Smoke Detectors: Must install and maintain working detectors
• Common Areas: Must keep safe, clean, and sanitary
• Pest Control: Generally landlord responsibility (especially termites)
• Repairs: Must make necessary repairs promptly

Entry Requirements (HRS § 521-53)

• 2-Day Minimum Notice: Must give at least 2 days notice
• Reasonable Hours: Entry must be at reasonable times (8am-8pm)
• Emergency Exception: Can enter without notice in emergency
• Abandonment: Can enter if property appears abandoned
• Permitted Purposes: Inspection, repairs, showing property, court order

Tenant Rights and Protections

• Repair Rights (HRS § 521-63 to 521-65): Can withhold rent or repair and deduct after proper notice
• Retaliation Protection (HRS § 521-74): Cannot retaliate for complaints or organizing
• Privacy Rights: Must give 2-day notice for entry
• Domestic Violence Protection (HRS § 521-80): Early termination rights for victims
• Military Service: SCRA protections for active duty members

Pet Policies

• Pet Deposits: Subject to 1 month rent maximum (includes pet deposit)
• Pet Rent: Can charge monthly pet rent
• Non-Refundable Fees: Can charge non-refundable pet fees if disclosed
• Service Animals: Must allow under Fair Housing Act; no fees permitted
• Assistance Animals: Must accommodate with proper documentation
• Breed Restrictions: Generally allowed but check HOA rules

Hawaii-Specific Considerations

General Excise Tax (GET)

• Landlords must register for and pay GET on rental income
• Current GET rate: 4% (state) plus any county surcharge
• Honolulu has additional 0.5% surcharge (total 4.5%)
• Must file GET returns monthly or quarterly
• GET license number should be in lease
• Cannot pass GET to tenant unless specified in lease

Move-In Condition Checklist (HRS § 521-42)

• Must provide written description of property condition at move-in
• Tenant should inspect and note any issues
• Use detailed checklist with room-by-room inspection
• Take photos/videos at move-in and move-out
• Both parties should sign checklist
• Critical for security deposit disputes

Island Climate Considerations

• High humidity: Mold and mildew prevention important
• Salt air corrosion: Exterior maintenance critical
• Heavy rainfall: Roof and drainage maintenance
• Tropical pests: Termites, roaches, rats common
• Hurricane season: Preparation provisions
• Ventilation critical due to humidity

Smoke Detectors (HRS § 132-16.5)

• Landlord must provide working smoke detectors
• Required in sleeping areas and common areas
• Carbon monoxide detectors required if fossil fuel appliances
• Landlord installs and provides initial batteries
• Tenant responsible for maintaining and replacing batteries
• Tenant cannot disable or remove detectors

Landlord-Tenant Information Form (HRS § 521-43)

• Must provide state-mandated information form
• Contains summary of landlord-tenant rights and responsibilities
• Includes complaint process information
• Available from Hawaii Office of Consumer Protection
• Must be provided before or at lease signing

Fair Housing Requirements

Best Practices for Hawaii Landlords

• Use written leases for all tenancies
• Provide move-in condition checklist (required by law)
• Conduct thorough move-in/move-out inspections with photos
• Comply with 14-day security deposit return timeline
• Provide detailed itemized statement of deductions
• Give minimum 2-day notice before entry (8am-8pm)
• Give 45-day notice for rent increases
• Honor 5-day grace period before late fees
• Register for and pay General Excise Tax
• Include GET license number in lease
• Respond promptly to repair requests (especially pest/mold issues)
• Keep detailed records of all transactions
• Address climate-specific issues (humidity, salt air, pests)
• Never use self-help eviction methods
• Follow proper summary possession procedures
• Consider landlord insurance
• Join Hawaii Association of Realtors or local landlord groups

Abandoned Property (HRS § 521-56)

• Property presumed abandoned under certain conditions
• Must notify tenant of abandoned property
• Must store property for reasonable period
• Can dispose after proper notice and time period
• Must account for proceeds if property sold

Termination for Cause (HRS § 521-68 to 521-70)

• 5 days notice for nonpayment (no cure)
• 10 days notice for lease violations (with cure opportunity)
• Immediate notice for illegal activity or substantial damage
• Must follow strict notice requirements
• Court action required for eviction

Vacation Rentals and Short-Term Rentals

• Hawaii has strict regulations on vacation rentals
• Most residential leases prohibit vacation rental use
• Counties have different requirements and restrictions
• Honolulu, Maui, Kauai have significant restrictions
• Include prohibition clause in standard residential leases
• Requires special permits and licenses in most areas

High Cost of Living Considerations

• Hawaii has highest cost of living in U.S.
• Rent prices significantly higher than mainland
• Parking often separate and expensive
• Utilities can be very expensive (especially electricity)
• Security deposits significant (1 month rent)

Natural Disaster Provisions

• Hurricane season: June 1 – November 30
• Tsunami zones in coastal areas
• Earthquake activity (Big Island especially)
• Volcanic activity (Big Island)
• Address disaster preparedness in lease
• Specify responsibilities for securing property

Resources

• Hawaii Revised Statutes (HRS) – Chapter 521 (Residential Landlord-Tenant Code)
• HRS § 521-42 (Landlord Obligations and Disclosures)
• HRS § 521-43 (Landlord Contact Information)
• HRS § 521-44 (Security Deposits)
• HRS § 521-53 (Entry Rights)
• HRS § 521-68 to 521-71 (Termination)
• Hawaii Office of Consumer Protection
• Hawaii Department of Taxation (GET information)
• Hawaii Association of Realtors
• County housing authorities
• Local legal aid societies