Hawaii Rental Smoking Rules: What Renters Need to Know

When moving into a new rental unit in Hawaii, it's important to understand your rights and responsibilities around smoking policies. Whether you are a smoker or prefer a smoke-free environment, knowing Hawaii’s rental laws on smoking can help you avoid conflicts and keep your living space comfortable. This article will guide you through the key laws, required disclosures, and practical steps to resolve smoking policy issues in rental housing in Hawaii.

Hawaii Smoking Laws and Rental Properties

In Hawaii, state law prohibits smoking in most enclosed public spaces and workplaces, including common areas in apartment buildings. However, landlords have the right to set additional rules about smoking inside individual rental units or on private balconies, so the specifics can vary from property to property.^[1]

What Landlords Must Disclose About Smoking

Hawaii law requires landlords to provide written rules or policies related to smoking as part of the rental agreement, if any exist. If a building or unit is designated as smoke-free, this must be clearly communicated in the rental agreement. Renters can request a copy of any smoking policy before signing a lease.

• Landlords can prohibit smoking in all or part of a building or property, or allow it only in certain areas.
• Rules should be outlined in the written rental agreement under house rules or as a specific addendum.
• If the policy is not included in the lease, renters should ask for written clarification before moving in.

For official guidance, see the State of Hawaii Landlord-Tenant Handbook provided by the Office of Consumer Protection.

Are There Statewide Smoke-Free Rental Requirements?

While there is no statewide requirement for smoke-free rental units in private housing, landlords may choose to implement such policies. However, all tenants and landlords must follow Hawaii’s Smoke-Free Air Law regarding common areas like hallways, elevators, and lobbies.

Key Terms Explained

• Smoke-Free Property: A rental or building where smoking is prohibited everywhere, including private patios or balconies.
• Smoking Addendum: An additional agreement attached to your lease that describes smoking policies and penalties.

What to Do if a Neighbor Smokes in Violation of Policy

If a neighbor or visitor is violating a building’s smoke-free rule:

• Document the incident (time, date, and details).
• Notify your landlord or property manager in writing with your concerns and any evidence.
• Ask for prompt enforcement of the building’s smoking policy, as outlined in the lease.
• If unsafe conditions persist, you can file a complaint with the Office of Consumer Protection.

Relevant Forms and How to Use Them

• Notice of Violation of House Rules (No Official Form Number): If smoke is impacting your unit and violates house rules or your lease, communicate first with your landlord in writing. You can adapt a template letter or use the sample forms found in the Landlord-Tenant Handbook, Appendix B. Submit this to your landlord and keep a copy for your records.
• Office of Consumer Protection Complaint Form: If your landlord doesn’t resolve the issue, you may file a complaint using the OCP Consumer Complaint Form. Complete and submit the form online or mail it to the address listed on the form.

What Happens if There Is Damage from Smoking?

If smoking causes damage to your unit (e.g., odors, stains), it may be considered a violation of your lease or grounds for deductions from your security deposit. Under the Hawaii Residential Landlord-Tenant Code, landlords must provide an itemized list of damages and their costs when returning your security deposit.^[2]

Who Handles Tenancy Disputes in Hawaii?

Disagreements over smoking policies, lease terms, or damage are generally handled by the Hawaii District Court, Landlord-Tenant Claims. They oversee landlord-tenant disputes and provide information on filing or responding to claims.

FAQ: Smoking Policies in Hawaii Rentals

1. Can my landlord ban smoking in my rental unit in Hawaii?
   Yes, landlords can ban smoking in your individual unit and throughout the property. This must be included in your rental agreement or as a house rule.
2. What if my neighbor's smoking bothers me?
   Document incidents, notify your landlord in writing, and request enforcement of the policy. If necessary, file a complaint with the Hawaii Office of Consumer Protection.
3. Do I need to sign a special form if my building is smoke-free?
   You might be asked to sign a smoking addendum or have at least a clause in your lease that prohibits smoking. Always keep a copy for your records.
4. Is marijuana smoking allowed in rental units?
   Hawaii law treats marijuana smoke like tobacco smoke for purposes of smoke-free areas. Medical marijuana use does not exempt you from lease restrictions on smoking.
5. Where can I find official Hawaii tenant forms?
   The Office of Consumer Protection landlord-tenant forms page provides official templates and complaint forms.

Key Takeaways for Renters

• Hawaii landlords can set smoking policies; always review your lease for these rules.
• Written notice is required for smoke-free designations—ask before you sign.
• Document and report any violations through written communication and official channels.

Understanding and following smoking rules helps protect your rights and promotes a healthy living environment for everyone in your building.

Need Help? Resources for Renters

• State of Hawaii Office of Consumer Protection Landlord-Tenant Branch – Information, forms, and complaint process
• Hawaii District Court – Landlord-Tenant Claims – Settling rental disputes and small claims
• Hawaii Department of Health, Tobacco Laws – Public health rules and statewide smoking laws

---

1. [1] Hawaii Revised Statutes, Chapter 328J: Hawaii's Smoke-Free Air Law
2. [2] Hawaii Residential Landlord-Tenant Code (HRS Chapter 521): Full legislation text

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations