Hawaii Residential Lease Disclosure Rules for Renters

When signing a rental agreement in Hawaii, knowing which details your landlord must legally disclose is essential for your rights and peace of mind. Hawaii state law protects renters by requiring landlords to provide important written disclosures about the property, their contact information, and certain hazards. This guide explains Hawaii's required residential lease disclosures, key forms, and what they mean for you as a renter.

What Disclosures Must Hawaii Landlords Provide?

To promote transparency and safety, landlords in Hawaii must offer renters several written disclosures at or before the start of the lease. Here’s what you should expect:

• Owner or Manager Identification: The landlord must provide the name and address of the owner and any agents managing the property. This allows you to know who to contact for repairs or legal matters.
• Lead-Based Paint Disclosure (for pre-1978 housing): Federal law requires landlords of homes built before 1978 to give tenants a specific lead-based paint disclosure form. Learn more below.
• Condition of the Rental Unit: Landlords must share a written inventory or statement of the property’s condition (move-in checklist) to document any existing damage or cleanliness issues.
• Security Deposit Terms: Written notice about where your security deposit is held and the purpose of the deposit must be provided to you.
• Notice of Any Pending Foreclosure: If the property is subject to ongoing foreclosure proceedings, the landlord must inform the renter in writing.
• Other Federal or Local Notices: Additional rules may apply under federal fair housing or county ordinances, depending on the location.

Required Disclosure Forms in Hawaii

Here are the official forms and what they cover for Hawaii renters:

• Lead-Based Paint Disclosure Form
  If the home was built before 1978, your landlord must give you the Lead-Based Paint Disclosure Form (EPA/HUD/LEAD Form) before lease signing. You’ll also receive a copy of the EPA’s "Protect Your Family from Lead in Your Home" booklet. Example: If you’re renting a classic bungalow in Honolulu built in 1970, ask for this disclosure before moving in. Learn more about lead paint rules.
• Inventory and Condition Form
  Hawaii law requires landlords to provide a written list of the unit’s condition (“check-in checklist”) at move-in. This is not a universal government form, but you can see an example template via Hawaii’s Department of Commerce and Consumer Affairs (DCCA). Fill this out and keep a copy for move-out claims. See sample checklist on page 47 of the Landlord-Tenant Handbook.

Who Oversees Residential Leases and Disclosures in Hawaii?

Residential rental issues in Hawaii are handled by the State of Hawaii Department of Commerce and Consumer Affairs (DCCA) Landlord-Tenant Center. They provide information, complaint processes, and free landlord-tenant handbooks.

Key Points from Hawaii’s Landlord-Tenant Code

Hawaii’s landlord-tenant laws are set out in the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521). The Code covers required disclosures, security deposits, and your rights throughout the tenancy.

What If My Landlord Doesn’t Provide Disclosures?

If you haven’t received all mandated disclosures, ask your landlord in writing. If they still do not comply, you can contact the DCCA Landlord-Tenant Center or use its free mediation or complaint support. For some violations, you may also have legal remedies such as withholding rent or terminating the lease under specific conditions. Always keep written records of communication and disclosures received.

FAQ: Hawaii Lease Disclosures for Renters

1. If my landlord did not give me a move-in condition checklist, what should I do?
   Politely request a written checklist from your landlord as soon as possible and document the unit’s condition yourself (photos, notes). Use DCCA’s sample as a guide and keep a copy for your records.
2. Do I need to sign the lead-based paint disclosure form?
   Yes. For homes built before 1978, the landlord must have you sign the disclosure, and provide the EPA booklet, before you sign the lease. If not provided, request it or contact the DCCA.
3. Is my landlord allowed to keep my security deposit information private?
   No. Hawaii law requires your landlord to notify you in writing of where your deposit is kept and how it may be used or returned.
4. Where can I get help if my landlord refuses proper disclosures or violates my lease rights?
   Contact the Hawaii DCCA Landlord-Tenant Center, which offers free information, mediation, and assistance filing a complaint.
5. Who enforces tenant disclosure laws in Hawaii?
   The State of Hawaii Department of Commerce and Consumer Affairs (DCCA) Landlord-Tenant Center is the official resource for enforcement and support.

Key Takeaways for Hawaii Renters

• Hawaii law requires landlords to provide specific disclosures—always ask for them before signing the lease.
• Keep copies of all forms and checklists, especially those regarding property condition and lead-based paint.
• If disclosures are missing, seek support from the DCCA Landlord-Tenant Center for free help and guidance.

Need Help? Resources for Renters

• Hawaii DCCA Landlord-Tenant Center: Information, mediation, and complaint forms
• Hawaii Landlord-Tenant Handbook: Free official guide for renters
• Phone Hotline: (808) 586-2634 (Oahu), 1-808-568-2634 (Neighbor Islands)
• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)

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1. State of Hawaii DCCA Landlord-Tenant Center
2. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
3. US EPA: Lead-based Paint Disclosure Rule for Real Estate and Rentals
4. Hawaii Landlord-Tenant Handbook (see sample condition checklist)

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