Effective Date: 1972

Under the Hawaii Residential Landlord-Tenant Code (HRS § 521-43), landlords must transparently disclose specific operational and ownership information to their tenants before the tenancy begins. Failure to provide these disclosures can restrict a landlord's ability to enforce certain lease terms and may lead to legal complications in the District Court.

1. Identity of the Owner and Manager

Before or exactly at the commencement of the tenancy, a landlord or authorized person must disclose in writing the name and exact address of:

1. The person authorized to manage the premises (e.g., the local property management company).
2. Each person who is an owner of the premises or authorized to act for and on behalf of the owner for the purpose of service of process (e.g., receiving lawsuits) and for receiving notices and demands from the tenant.

This information must be kept current. If the ownership or management changes, the tenant must be notified in writing.

On-Island Agent Requirement (HRS § 521-43(f)): Any owner or landlord who resides outside the State or on a different island from where the rental unit is located must designate in the written rental agreement an agent residing on the same island where the unit is located to act on their behalf.

2. General Excise Tax (GET) Number

In Hawaii, residential rental income is subject to the General Excise Tax (GET). Under HRS § 521-43(i), the landlord or the landlord's agent must provide the tenant with the landlord's GET registration number at or before the commencement of the tenancy. This allows eligible tenants to claim the low-income household renters' tax credit under section 235-55.7.

Furthermore, short-term rentals are subject to the Transient Accommodations Tax (TAT). Under HRS § 237D-4, landlords must prominently display their GET and TAT license numbers on any advertisement soliciting the rental property and provide them within the rental agreement.

3. Federal Lead-Based Paint Disclosure

Because lead poisoning is a severe health risk, federal law (42 U.S. Code § 4852d) requires landlords of properties built prior to 1978 to:

1. Disclose the known presence of lead-based paint and/or lead-based paint hazards in the unit.
2. Provide tenants with any available records or reports pertaining to lead-based paint.
3. Provide tenants with the EPA pamphlet, "Protect Your Family From Lead In Your Home."
4. Include a specifically worded lead warning statement in the lease, along with an acknowledgment signed by the tenant and landlord.

4. Local Disclosures (Short-Term Rentals)

Hawaii heavily regulates short-term vacation rentals (transient accommodations). For rentals of fewer than 180 consecutive days, you are subject to rigorous disclosure requirements under HRS § 237D-4.

Landlords must:

1. Conspicuously display the certificate of registration (or a notice of its location) and the local contact's name, phone number, and email address inside the unit.
2. Include the registration identification number in any advertisement soliciting the transient accommodation.

Best Practices for Hawaii Landlords

To ensure a solid defense against any claims that a tenant "didn't know who to contact":

1. Require Signatures: When providing the Lead-Based Paint disclosure, ALWAYS have the tenant sign a receipt acknowledging they received the documents. Keep these in the tenant's file indefinitely.
2. Include Disclosures in the Lease: Add a "Notices and Contacts" section in your standard lease agreement where the identity of the owner, the on-island agent, and the management company are clearly spelled out with precise addresses and phone numbers.
3. Audit GET Compliance: Ensure your GET number is provided to the tenant at or before the commencement of the tenancy to remain in strict compliance with HRS § 521-43(i).

How Landager Helps

Landager tracks lease terms, ensures timely notices, and maintains secure compliance records - making it easy to stay compliant with Hawaii regulations.

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