Hawaii (HI) lease form
Hawaii residential leases are governed by the Hawaii Residential Landlord-Tenant Code (Hawaii Revised Statutes Chapter 521), which sets a mandatory floor of tenant protections that no lease can waive or contract around. Unlike many states, Hawaii requires landlords to disclose their general excise tax number in the rental agreement, and off-island owners must name a same-island agent directly in the lease document. Getting these Hawaii-specific requirements right at the drafting stage is the fastest way to protect enforceability and avoid the $100-plus-fees statutory penalty for non-disclosure.
Revun generates a Hawaii-ready lease with the required disclosures and clauses built in, then handles e-signature, rent, and renewals on the same platform.
Required for all housing built before 1978. Landlords must provide the EPA pamphlet 'Protect Your Family from Lead in Your Home,' disclose any known lead-based paint or hazards, and attach a signed disclosure addendum. Governed by 42 U.S.C. § 4852d and applicable to all 50 states.
Before or at the start of the tenancy, landlords must disclose in writing the name and address of each person authorized to manage the premises AND each owner or authorized agent for service of process and receipt of rents and notices. This information must be kept current and is enforceable against successor landlords. Failure to provide within 10 days of tenant demand triggers $100 liability plus attorney fees.
If the owner resides outside Hawaii or on a different island from the rental unit, the written rental agreement must designate a local agent residing on the same island as the unit to act on the owner's behalf. This is a lease-document requirement, not merely a recommended practice.
Hawaii landlords must provide their General Excise Tax (GET) license number to tenants. This disclosure allows tenants who qualify for low-income housing tax credits to file properly. It must appear in or accompany the written rental agreement.
Prior to the tenant's initial occupancy, the landlord must create a written inventory documenting the condition of the premises, all furnishings, and appliances. Duplicate signed copies must be given to both parties. The signed inventory is presumed correct in any dispute; failure to prepare one creates a rebuttable presumption that the unit was returned in the same condition it was received.
Landlords must disclose if the property was previously used to manufacture methamphetamine. Hawaii's housing habitability framework and general common-law fraud doctrines require disclosure of this material health-and-safety fact before the tenancy begins.
Landlords with actual knowledge that a rental unit lies within a special flood hazard area, has a history of flooding, or sits within a designated tsunami inundation zone must disclose that fact to prospective tenants. Hawaii's island geography makes this particularly material, and non-disclosure of a known material defect can constitute misrepresentation under common law.
Because HRS § 521-39 voids any lease clause that permits eviction of a certified medical cannabis patient solely on that basis (unless the lease also prohibits tobacco smoking and the cannabis is smoked), the lease should state its smoking/substance policy clearly so tenants understand the scope of any restriction.
General information, not legal advice. Governing statute: Hawaii Revised Statutes Chapter 521 - Residential Landlord-Tenant Code. Confirm current requirements or consult an attorney before finalizing a lease.
Hawaii lease FAQ
Hawaii landlords must disclose in writing, at or before move-in: (1) the name and address of each person authorized to manage the premises and each owner or authorized agent for service of process (HRS § 521-43); (2) the landlord's General Excise Tax number; (3) a designated same-island agent if the owner lives off-island or out of state; and (4) lead-based paint hazards for homes built before 1978 (federal law). Landlords should also disclose known flooding history, flood-zone or tsunami inundation zone status, and prior methamphetamine manufacturing on the property, as these are material facts under Hawaii common law.
Hawaii does not require a written lease for tenancies of one year or less - oral agreements are valid. However, a written agreement is strongly recommended because it creates a clear record of terms and is required to trigger certain statutory protections (such as the written inventory requirement under HRS § 521-42). Without a written term, the tenancy is month-to-month by default. Any tenancy lasting longer than one year must be in writing to be enforceable.
Several provisions are void under HRS Chapter 521 regardless of what the parties agree to: waiving any statutory right or remedy (HRS § 521-31); exempting the landlord from liability for the landlord's own negligence (HRS § 521-33); authorizing confession of judgment (HRS § 521-34); charging a security deposit above one month's rent (HRS § 521-44); evicting a certified medical cannabis patient solely for lawful use (HRS § 521-39); permitting self-help lockouts or utility shutoffs (HRS § 521-74.5); and charging a late fee above 8% of the overdue rent (HRS § 521-21(f)).
Hawaii law caps residential late fees at 8% of the amount of rent that is past due, per HRS § 521-21(f). For example, if monthly rent is $2,000 and the full amount is late, the maximum late fee is $160. Any lease provision setting a higher percentage is unenforceable. Hawaii does not require landlords to provide a grace period before assessing a late fee, though many leases voluntarily offer 3 to 5 days.
Yes. Under HRS § 521-42, before initial occupancy the landlord must inventory the premises and create a signed written record of the condition of the unit, all furnishings, and appliances. Duplicate copies must be signed by both parties, with each side retaining one. The executed inventory is presumed correct in any later dispute. If the landlord skips this step, Hawaii law creates a rebuttable presumption that the unit was in the same condition at move-out as at move-in, which can hurt the landlord in security deposit deduction disputes.
