Hawaii Commercial Landlord Required Disclosures
Commercial Required Disclosures compliance guide for Hawaii, Usa. Covers landlord-tenant regulations, requirements, and legal obligations.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Hawaii Commercial Landlord Required Disclosures
Since Hawaii’s admission to the Union on August 21, 1959, commercial tenancies have been governed primarily by contract law and the summary possession provisions of Hawaii Revised Statutes (HRS) Chapter 666. While residential landlords must manage a web of state-mandated disclosures, commercial landlords operate in an environment of caveat emptor (let the buyer/lessee beware). The state assumes commercial tenants will conduct their own rigorous due diligence before signing a lease.
General Excise Tax (GET) Transparency
Unlike most US states, Hawaii does not have a traditional sales tax. Instead, it imposes a General Excise Tax (GET) under HRS Chapter 237 on all gross business income, which definitively includes commercial rental income.
The GET rate is 4% (HRS § 237-13). Under HRS § 237-13.8, landlords may "visibly pass on" the tax to tenants only if the lease explicitly requires it. In counties with a 0.5% surcharge (Honolulu, Maui, Kauai, and Hawaii County), the maximum effective pass-through rate is 4.712%.
While it is standard practice, the landlord must explicitly disclose and require the payment of the GET within the commercial lease agreement. Because the GET is a tax on the landlord's privilege of doing business, it is the landlord's liability; if the lease merely states "Rent is $5,000/month" and does not specify that GET will be added as a separate line item, the landlord cannot legally force the tenant to pay the tax on top of the base rent.
Federal Disclosures: Lead-Based Paint
The most prominent required disclosure for commercial spaces stems from federal law under 42 U.S.C. § 4852d and 40 CFR § 745.101.
If the commercial property was built prior to 1978, the landlord is federally obligated to disclose the presence of lead-based paint only if the property qualifies as "target housing." In commercial real estate, this applies to:
- Mixed-use properties containing residential living spaces (like an apartment above a retail shop).
Standalone commercial leases for "child-occupied facilities" (such as daycares, preschools, or pediatric clinics) are not subject to the Section 1018 lease disclosure requirements (pamphlet and disclosure form). However, these facilities are governed by the EPA Renovation, Repair, and Painting (RRP) Rule (40 CFR § 745.80) for any renovation activities.
If applicable to a mixed-use property, the landlord must provide the EPA-approved lead hazard pamphlet, disclose known hazards, and include a signed lead warning statement in the lease agreement.
Environmental and Zoning Disclosures
Commercial landlords must abide by the implied covenant of good faith and fair dealing. This means a landlord cannot actively commit fraud or intentionally conceal severe, latent defects that would destroy the tenant's ability to operate their business.
However, Hawaii follows the doctrine of caveat emptor (buyer/lessee beware) for commercial property. There are no state-mandated property condition disclosure forms, and it is generally the tenant's burden to verify:
- Zoning Compliance: Whether the local municipality permits their specific type of business in that building.
- ADA Compliance: Whether the building meets the requirements of the Americans with Disabilities Act.
- Environmental Hazards: Sophisticated commercial tenants will almost always require a Phase I Environmental Site Assessment before signing a long-term lease to ensure they are not taking responsibility for contaminated soil left by a previous industrial tenant.
"As-Is" Leasing
To shift the burden of disclosure entirely to the tenant, Hawaii commercial landlords heavily manage "As-Is" clauses. By signing a lease with an "As-Is" provision, the tenant legally acknowledges that they have independently inspected the premises, accept its current condition, and agree that the landlord has made no warranties regarding the property's fitness for the tenant's intended business use.
Best Practices for Commercial Landlords
- Be Honest About Material Facts: If you know the building's electrical grid cannot support heavy restaurant equipment, disclosing this upfront is preferential to an expensive lawsuit for misrepresentation when the tenant's kitchen fails on opening night.
- Draft Clear GET Clauses: Have your attorney draft a flawless GET clause ensuring the tenant is responsible for the base rent, the GET (up to the 4.712% effective rate where applicable), and any future increases in the county tax rate.
- Require Due Diligence: Allow the tenant sufficient time to pull permits, inspect the HVAC, and survey the property before the lease commences, so they cannot claim they were surprised by the building's condition later.
How Landager Helps
Landager tracks lease terms, ensures timely notices, and maintains secure compliance records - making it easy to stay compliant with Hawaii regulations.
Back to Hawaii Landlord-Tenant Laws Overview.
Frequently Asked Questions
▶What are the Hawaii landlord-tenant laws every property owner should know?
Residential rentals in the Aloha State are governed primarily by the Hawaii Residential Landlord-Tenant Code (Hawaii Revised Statutes [HRS] Chapter 521). This manage statute outlines the mutual rights and obligations of both property owners and their tenants, ensuring fair housing practices across the islands. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Hawaii eviction process and how long does it take?
The Hawaii eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Hawaii. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Hawaii security deposit rules and return deadlines?
Hawaii has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Hawaii rent increase laws and caps for landlords?
Hawaii has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Hawaii has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Hawaii?
Hawaii has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Hawaii state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Hawaii landlords provide to tenants?
Hawaii landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Hawaii lease requirements for rental properties?
Hawaii recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Hawaii law.
Read the complete guide▶What are Hawaii landlord maintenance obligations and habitability standards?
Hawaii landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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