How to become a landlord in Hawaii

At or before the start of the tenancy, give the tenant in writing the name and address of each person authorized to manage the property and of an owner or a person authorized to accept legal papers, rent and notices for the owner. Give the tenant a copy of a written lease, written receipts for rent, and your general excise tax number so the tenant can claim the low-income tax credit. Federal disclosure rules, such as the lead-based paint disclosure for older housing, were not read for this page (HRS § 521-43(a), (d), (e), (h)).

• You must make the written move-in inventory before the tenant first moves in (HRS § 521-42(a)).See Move-in inventory on the Hawaii page
• A landlord who does not provide a required disclosure within 10 days after a proper demand owes the tenant $100 plus reasonable attorney's fees (HRS § 521-67).
• A tenant may name, in the lease or a separate writing, a representative to collect or dispose of belongings if the tenant dies during the tenancy (HRS § 521-85(a)).See Death of a tenant on the Hawaii page

At or before the start of the tenancy, tell the tenant in writing the name and address of each person authorized to manage the property, and of each owner or person authorized to accept legal papers, rent and notices for the owner. Keep that information current. An owner or landlord who lives out of state, or on a different island from the unit, must name in the written lease an agent who lives on the unit's island (HRS § 521-43(a), (f)).

• If you do not disclose, whoever deals with the tenant becomes the agent of each landlord for accepting legal papers, rent and notices and for performing the landlord's duties (HRS § 521-43(b), (c)).
• In a multi-unit building, the information may instead be posted: in each elevator and one other conspicuous place, or in two conspicuous places without an elevator, and inside each unit (HRS § 521-43(g)).
• A landlord who does not disclose within 10 days after the tenant's proper demand owes the tenant $100 plus reasonable attorney's fees (HRS § 521-67).

Chapter 521, read in full, requires no flood zone or flood history disclosure in a residential lease (HRS § 521-43).

• The disclosures chapter 521 does require are the manager and owner names and addresses, the general excise tax number, and the other items under required disclosures (HRS § 521-43).See Required disclosures on the Hawaii page

Chapter 521, searched in full, has no smoke alarm rule of its own. It requires you to comply with building and housing laws that materially affect health and safety, but the state and county building and fire codes that set alarm rules were not read for this page (HRS § 521-42(a)(1)).

• Chapter 521 also requires you to keep the electrical and other facilities you supply in good working order (HRS § 521-42(a)(4)).

Chapter 521, read in full, sets no general duty to provide particular locks or to rekey between tenants. Its one lock rule is for domestic violence: a victim who stays may require you to change the locks within three days of the request, at the tenant's expense. State and county building codes, which may set lock rules, were not read for this page (HRS § 521-81).

• If you do not act within the three days, the tenant may change the locks and must give you a key. If the abuser is on the lease, change the locks only under a court order to vacate (HRS § 521-81(b), (c)).

You may require a security deposit of up to one month's rent. If the lease allows a pet to live in the home, you may also agree on a pet deposit of up to one more month's rent. At the start of the tenancy you may not require or accept any money other than the first month's rent and the security deposit (HRS § 521-44(b)).

• A pet deposit may not be charged to a tenant who has no pet living in the home, or for an assistance animal that is a reasonable accommodation for a tenant with a disability (HRS § 521-44(b)(1)).
• The deposit may cover only: damage from the tenant's failure to keep up the unit, unpaid rent, and unreturned keys, key fobs, parking cards, garage door openers and mailbox keys; cleaning back to the condition at move-in; damages when a tenant wrongfully quits; pet damage; and unpaid landlord-provided utilities not included in the rent (HRS § 521-44(a)).
• No part of the deposit counts as last month's rent unless you and the tenant agree in writing when the tenant gives 45 days' notice of vacating. Agreeing does not waive your claims for damage the tenant causes (HRS § 521-44(b)).
• You may not require postdated checks or other negotiable instruments for rent (HRS § 521-44(e)).

Hawaii does not require a separate account, a particular bank or interest on security deposits; chapter 521, read in full, sets none of these. You hold the deposit for the tenant, and the tenant's claim to it comes ahead of your creditors, including a bankruptcy trustee, even if deposits are commingled (HRS § 521-44(b)).

• If the property changes hands, the deposit obligations pass to the new owner, who must tell each tenant in writing the deposit credited to them within 20 days after the transfer (HRS § 521-44(f)).

Before the tenant first moves in, you must inventory the home and make a written record of its condition and of any furnishings or appliances you provide. You and the tenant sign duplicate copies, and each tenant gets one (HRS § 521-42(a)).

• In a dispute, the signed inventory is presumed correct. Without one, the home's condition at the end of the tenancy is presumed to be the same as when the tenant moved in, which makes damage claims against the deposit hard to prove (HRS § 521-42(a)).
• For a furnished rental, identify the supplied furniture and appliances room by room, including existing marks and whether each item works. Add dated photos that match the written entries, record any disagreement before signing, and give each tenant the signed inventory copy. Keep later repair and replacement records with it so a move-out comparison distinguishes new damage from the condition already recorded (HRS § 521-42(a)).

You may charge an application screening fee to cover the cost of checking an applicant, such as reference checks, tenant reports, criminal background checks and credit reports. Charge it only for applicants who are 18 or older or emancipated minors. Chapter 521 sets no dollar limit on the fee (HRS § 521-46(a)).

• If the applicant asks, give a receipt for the fee and a breakdown of the costs it covers (HRS § 521-46(b)).
• Return any part of the fee not used for screening within 30 days after you submit the screening requests (HRS § 521-46(c)).
• For covered rental transactions, do not advertise that housing-assistance participants are excluded, discourage their applications, refuse a transaction because of participation or program requirements, or impose different rental conditions. Chapter 368F defines the covered assistance as Section 8 housing choice vouchers or permanent supportive housing (HRS 368F-1 and 368F-2).
• Check the statutory exceptions for reasonable ability-to-pay verification, specified small owners, approval delays, owner-occupied homes and publicly subsidized affordable projects. The small-owner exception generally covers no more than four statewide units, but not an owner holding more than a 10% interest in more than four. The approval-delay exception concerns a good-faith tenancy request, including inspection, not approved within 21 days. Confirm the exact property and program facts (HRS 368F-3).
• Preserve rental records for one year from the later of the record date or the related practice or action when the building has at least four housing accommodations or the owner has at least three. Covered records include applications and applicant-supplied information, advertising, agreements, eviction records and records affecting tenancy terms (HAR 12-46-304(a)).
• When a chapter 368 or 515 complaint or civil action is pending, keep all relevant records until final disposition under the rule. Required records that are destroyed or unavailable can support an adverse-evidence presumption (HAR 12-46-304(c), (d)).