Hawaii Laws
Requirement to Record: Options to purchase do not need to be recorded to be enforceable between the original parties. However, recording establishes protections against third parties.[1][2]
Expiration: Hawaii law does not specifically address the expiration of constructive notice.
Maximum Term: There is no statutory maximum term for a residential lease with an option to purchase.
No Duration: If the option itself does not specify an expiration date then the option will automatically expire when the lease ends.
Signing Requirements: Must be in writing and signed by the seller.[3]
Required Disclosures (4)
1. General Excise Tax Number – The landlord must provide their general excise tax number to tenants, which allows them to apply for a low-income tax credit.[4]
- Tax Number Search – Click the link titled “Search Tax Licenses.” After entering the landlord’s name, a number should appear starting with “GE” and followed by 12 characters.
2. Landlord’s Name and Address – The landlord must disclose any persons allowed onto the premises.[5]
3. Lead-Based Paint Disclosure & EPA Pamphlet – Federal law requires all landlords/managers to disclose this to all new tenants if the property was constructed before 1978.[6]
4. Move-in Condition Report – Prior to any written agreement, the landlord must provide a copy of the condition of the premises in addition to any furnishings or appliances.[7]