What clauses are legally required in every Hawaii lease agreement?
Every Hawaii lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. The Code requires the landlord to disclose the manager/owner and the general excise tax number (§ 521-43) and imposes the deposit and fee rules below. A lease for a term exceeding one year must be in writing (HRS § 656-1).
Hawaii security deposit rules — the one-month cap and 14-day return
HRS § 521-44 governs deposits:
- Cap: no more than one month's rent, plus up to one additional month's rent as a pet deposit for non-service animals. Service and assistance animals cannot be charged a pet deposit.
- Return: within 14 days after termination, the landlord must return the deposit and furnish a written itemized statement of any deductions; failing to itemize forfeits the right to keep any part.
- Penalty: wrongful withholding exposes the landlord to up to three times the amount plus costs.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Hawaii
Hawaii caps late fees at 8% of the delinquent rent (HRS § 521-21(f)). The fee must also be stated in the lease to be charged.
Notice periods to end or not renew a Hawaii lease
Hawaii notice periods:
| Situation | Notice | Statute |
|---|---|---|
| Landlord ends month-to-month tenancy | 45 days | § 521-71 |
| Tenant ends month-to-month tenancy | 28 days | § 521-71 |
| Nonpayment of rent | 10-day demand (mediation overlay) | § 521-68 |
Effective February 5, 2026 (Act 278, a two-year pilot through February 2028), a nonpayment demand must give at least 10 calendar days to pay, with a copy sent to a state-funded mediation center; if the tenant schedules mediation within the 10 days, the landlord must wait 20 days from the tenant's receipt before filing. Any older template citing "5 business days" is now stale. Self-help eviction is unlawful.
What disclosures must Hawaii landlords provide?
Hawaii's required disclosures:
- Manager/owner and GET number (§ 521-43): in writing at or before the tenancy, the name and address of each person authorized to manage and each owner or agent for service and receipting rent, and the landlord's general excise tax (GET) number (so the tenant can claim the low-income renters' credit).
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if a Hawaii lease is missing required terms?
Specific failures carry specific consequences:
- Deposit over the cap or wrongfully withheld: the tenant can recover the excess, and wrongful withholding exposes the landlord to up to triple the amount (§ 521-44).
- Late fee over 8%: unenforceable (§ 521-21).
- Missing GET number: non-compliant with § 521-43 and can cost the tenant the renters' tax credit.
Managing rentals in more than one state? Compare Hawaii's rules with our California and Washington lease requirement guides.
Full Hawaii disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Hawaii landlord must give at signing, see our Hawaii required lease disclosures checklist.
Create your Hawaii lease agreement
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Create your Hawaii lease agreement →Frequently asked questions
What is the maximum security deposit in Hawaii?
One month's rent, plus up to one additional month as a pet deposit for non-service animals (HRS § 521-44). Service and assistance animals cannot be charged a pet deposit.
How long does a Hawaii landlord have to return a security deposit?
Within 14 days after termination, with a written itemized statement of deductions. Failing to itemize forfeits the right to keep any part, and wrongful withholding exposes the landlord to up to three times the amount (HRS § 521-44).
What is the late-fee limit in Hawaii?
Eight percent of the delinquent rent, and the fee must be stated in the lease (HRS § 521-21).
How much notice is required to end a month-to-month tenancy in Hawaii?
The landlord must give 45 days' notice and the tenant 28 days (HRS § 521-71). Nonpayment now requires a 10-day demand with a mediation option (§ 521-68, effective February 2026).
What must a Hawaii landlord disclose?
The manager/owner name and address and the landlord's general excise tax (GET) number so the tenant can claim the renters' credit (HRS § 521-43), plus the federal lead-based paint disclosure for pre-1978 housing.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.