Effective Date: November 1, 2025
Jurisdiction: State of Hawaii
Applies To: All landlords, property managers, agents and listing entities using the Tentunit platform to list residential rental properties (including student, young-professional and family housing) in Hawaii.
1. Purpose
This Statement sets forth the operational, legal, and ethical obligations that landlords must meet when listing properties via Tentunit in Hawaii. Use of the Tentunit platform constitutes the landlord’s acknowledgment and agreement to comply with this Statement, the Tentunit Terms of Service, Payment Terms & Fair Housing & Equal Access Policy, and applicable federal, state and local laws. This document is not legal advice; landlords should consult counsel for full compliance.
2. Listing Accuracy, Transparency & Advertising Standards
Landlords must ensure their listings are truthful, up-to-date, and fully reflective of the actual unit and terms offered.
Required Disclosures
Each listing must clearly disclose the following:
- Monthly rent amount, lease term (start/end or renewal/periodic notice), earliest availability date.
- All one-time and recurring fees: application/processing fees, move-in fees, pet fees/deposits, parking or amenity fees, utility allocation or sub-metering charges.
- Security deposit amount (or fee in lieu, if permitted) and full disclosure of conditions for return or deduction, including timeframe.
- Utility responsibilities: which utilities tenant will pay, which landlord pays; method of any allocation/sub-metering if used.
- Unit condition and amenities: photographs must represent the actual unit being offered, not merely a staged “model unit” or units in materially different condition unless clearly disclosed.
- Screening criteria: income/credit thresholds, guarantor/co-signer policy, student eligibility or other relevant criteria.
- Availability: The unit must genuinely be available for lease. If already leased, held, or otherwise unavailable, listing must be removed or promptly updated.
Prohibited Practices
- Advertising units that are not genuinely available or failing to update availability status.
- Misrepresenting square-footage, number of bedrooms/bathrooms, finishes, views, condition or amenities.
- “Starting at” or “from” pricing without full disclosure of conditions, eligibility, timing and actual unit availability.
- Omitting required fees or using hidden cost structures so that a reasonable renter would be misled about total cost.
- Bait-and-switch tactics: advertising one set of unit/terms and offering materially different ones without disclosure.
Applicable Law & Context
Hawaii’s Residential Landlord-Tenant Code is found in § 521 of the Hawaii Revised Statutes (HRS) — e.g., HRS § 521-41 through § 521-66. Landlords must comply with state and federal consumer protection, advertising and disclosure laws accordingly.
3. Fair Housing & Equal Access
Landlords must comply with the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and applicable Hawaii state or local non-discrimination laws.
Landlords must:
- Apply screening criteria uniformly to all applicants, regardless of protected class (race, color, religion, sex, national origin, disability, familial status).
- Provide reasonable accommodations/modifications for tenants with disabilities, as required by law.
- Avoid discriminatory language or practices in advertising, screening, communications or lease terms.
- Maintain documentation of criteria, decisions and any accommodation requests.
4. Communication Standards & Platform Responsiveness
To support the student/young-professional focus of Tentunit and to maintain platform integrity, landlords must maintain timely and documented communication:
- Acknowledge rental listing inquiries, application submissions or maintenance/repair requests via Tentunit (or another documented channel) within 24 hours, with substantive follow-up within 48 hours.
- Inform applicants of their status and inform tenants of scheduled inspections, entries, maintenance, and changes in lease terms or house rules in writing.
- Keep listing information current: when fees, availability, terms, utilities, or photos change, listing must be updated promptly.
- Maintain professional, non-discriminatory communication. Repeated failures or abusive conduct may trigger Tentunit enforcement (listing removal or account suspension).
5. Lease Execution, Legal Compliance & Contract Terms
All leases executed via Tentunit for Hawaii properties must comply with HRS Chapter 521 and reflect best-practice standards.
Required Lease Elements
- The lease must be in writing or electronically documented and fully executed.
- Must include full legal name and address of the landlord/agent for notices and service of process.
- Must clearly specify: rent amount, due date, lease term or periodic tenancy, renewal/termination mechanics; security deposit amount and conditions; all recurring / one-time fees; utilities responsibility; screening criteria; student/young-professional relevant terms (roommates, sub-letting, early-termination policy).
- Must include required disclosures: e.g., lead-based paint hazard disclosure for units built before 1978 (federal law) and any state/local required disclosures.
- Lease must not contain provisions requiring unlawful self-help eviction (lock-outs, utility shut-offs) contrary to state law.
- Termination/notice provisions must align with Hawaii statutory process (for example, when tenant abandons unit for 20 or more days, etc.).
6. Habitability, Maintenance & Repair Obligations
Landlords have a duty to provide and maintain rental premises in safe, clean and habitable condition under HRS § 521-42 and related statutes.
Key obligations include:
- Structural integrity: roof, walls, floors, windows/doors, stairways/porches, handrails must be maintained in safe condition.
- Utilities and systems: heating, plumbing, electricity, sanitation, locks, and means of ingress/egress must function properly and safely.
- Life-safety devices: where required by local code (or lease), smoke detectors, carbon monoxide alarms must be installed and operational.
- Responding to tenant repair requests that materially affect health or safety in a reasonable timeframe: For non-emergency repairs, statute indicates a 12-business-day standard after written notice; for emergencies, a 3-business-day start period.
- Maintain documentation of repair requests, vendor/work order, response, completion date, tenant communications and photos.
- Retaliation prohibited: Landlord must not increase rent, reduce services, or terminate tenancy solely in retaliation for tenant exercising lawful rights. (General statutory principle under HRS § 521-42 etc.)
7. Entry, Inspection & Tenant Privacy
Landlords must respect the tenant’s right to quiet enjoyment of the premises and provide access in accordance with law and best practice.
- While Hawaii statute does not prescribe a fixed statewide notice period for non-emergency entry, best practice (and expectation under Tentunit) is at least 24 hours’ written notice prior to non-emergency entry and access during reasonable hours (e.g., 8 a.m.–8 p.m.).
- Entry may be for repair, inspection, showing the unit to prospective tenants or purchasers, agreed improvements, or lease-specified purposes.
- Landlord should document: notice of entry sent, date/time of entry, purpose, tenant or representative present, condition found, photographic evidence as applicable.
- Offer tenant the opportunity to attend move-out inspection and provide move-out condition checklist and photographs to support deposit deductions and reduce disputes.
8. Security Deposit Handling & Administration
Hawaii law has specific and strict rules governing security deposits (HRS § 521-44).
Key Rules
- Maximum amount: The security deposit may not exceed the equivalent of one month’s rent, except that an additional deposit equal to one month’s rent may be required for an actual pet (not for a service animal) under HRS § 521-44(b).
- The landlord may not require payment of anything other than first month’s rent plus deposit (unless otherwise agreed) at the start of rental.
- Uses of deposit: At termination of the rental agreement, the landlord may apply the deposit only for unpaid rent, damage caused by tenant (beyond normal wear & tear), return of keys, cleaning necessary to return the unit to the condition at possession, and damages from wrongful quitting of the unit.
- Return timeframe: Upon termination of the rental agreement, unless the tenant wrongfully quits, the landlord must provide the tenant with a written itemized statement of any deductions together with evidence (e.g., receipts/invoices) and return the remaining deposit amount no later than fourteen (14) days after termination.
- If the landlord fails to provide the required written notice and evidence within 14 days, the landlord forfeits the right to retain any portion of the deposit.
- Tenant wrongful quitting: If the tenant abandons the unit by being absent continuously for 20 days or more without paying rent or notifying the landlord, the tenant is deemed to have wrongfully quit and the landlord may retain the full deposit. HRS § 521-44(d).
- Transfer of ownership: If landlord sells/transfers property, the successor landlord must give notice to the tenant of the credited deposit amount within 20 days; failing to do so causes the new landlord to be bound by at least one-month’s rent deposit default. HRS § 521-44(f).
- Statute of limitations: Actions to recover wrongfully withheld deposit must be filed within one year after termination of the rental agreement. HRS § 521-44(c) & (g).
Tentunit Requirements for Landlords
- Use a signed move-in condition checklist, with date-stamped photographs and tenant acknowledgement.
- Clearly disclose in listing and lease: security deposit amount, allowable deductions, timeframe for return, deposit holding conditions and any additional pet deposit.
- Maintain ledger of deposit receipts, deductions, refunds, correspondence, forwarding address documentation.
- Ensure deposit is handled in compliance with statute: provide itemised deduction statement and refund within 14 days.
- Ensure that no non-refundable deposit is labelled as something other than a security deposit unless fully compliant with law.
- Keep full documentation of ownership transfer deposit accounting when property changes hands.
9. Student-Housing & Young-Professional Focused Standards
Given Tentunit’s focus on student and young-professional renters, landlords must observe additional elevated standards:
- Disclose in listing: proximity to campus/university, public transit or parking policy/costs, sub-letting policy, early-termination or release options, lease-renewal or non-renewal policy.
- Provide digital onboarding materials: move-in guide, utilities setup instructions, emergency contact info, roommate/shared-housing rules (if applicable).
- Avoid exploitative practices aimed at students (e.g., excessive non-refundable fees, unclear early termination terms, unnecessary guarantor requirements without alternatives).
- Maintain accessible communication channels suitable for younger renters (mobile/app messaging, after-hours support, clear roommate/lease-sharing expectations).
- House-rules, cleaning schedules, noise/guest policies must align with statutory tenant rights and lease obligations; must be clearly disclosed and enforced consistently and fairly.
10. Documentation, Audit, Compliance & Platform Enforcement
Landlords must maintain full documentation and operate at institutionally-compliant level; Tentunit retains robust enforcement rights.
Record-Keeping Requirements
For each tenancy, landlord must maintain:
- Listing metadata: upload dates, photos version history, fee schedule/changes, availability updates.
- Screening/application logs: inquiry date/time, screening criteria applied, approvals/denials, communication records.
- Executed lease file: signed lease (digital or paper), amendments/renewals, disclosures, screening/co-signer documentation.
- Maintenance/repair logs: tenant requests, vendor/work-order number, completion date/time, tenant notification, photographs.
- Entry/inspection logs: notice date/time, entry date/time, purpose, attendee(s), condition noted, photographs.
- Security deposit ledger: deposit amount & date, documentation of condition checklist, deductions (with receipts/invoices), refund date, forwarding address.
- Communication logs: tenant-landlord messaging via Tentunit or documented alternative: listing inquiry, application update, maintenance scheduling, entries/inspections, lease renewal/termination notices.
Tentunit Enforcement Rights
Tentunit reserves the right to:
- Audit landlord’s listing practices, documentation, deposit handling at any time without prior notice.
- Suspend or remove listings for material or repeated non-compliance with this Statement, Tentunit policies or Hawaii/federal law.
- Freeze or withhold landlord payouts related to units flagged for unresolved compliance issues (e.g., deposit complaints, habitability concerns).
- Terminate a landlord’s platform account permanently for serious or repeated violations.
- Report violations to appropriate regulatory agencies (e.g., Hawaii Department of Commerce & Consumer Affairs – Office of Consumer Protection) and support audits or enforcement.
- Seek recovery of damages, attorney’s fees and platform enforcement costs caused by landlord non-compliance.
11. Indemnification
Landlord shall defend, indemnify and hold harmless Tentunit, its affiliates, officers, directors, employees, agents and contractors from and against any and all claims, liabilities, losses, damages, costs (including attorneys’ fees) arising out of or connected to:
- Landlord’s breach of this Statement or any Tentunit policy.
- Landlord’s violation of federal, state or local housing/investment laws or regulations.
- Landlord’s mis-representation of listing, unit condition, availability, terms or fees.
- Tenant claims or disputes arising from landlord’s acts or omissions.
- Platform investigations or regulatory enforcement triggered by landlord non-compliance.
12. Governing Law & Reference Statutes
Hawaii Statutory & Reference Materials
- HRS Chapter 521 – Residential Landlord-Tenant Code (entire). DCCA+1
- HRS § 521-44 – Security deposits (amount limit, return timeframe, items for deductions, owner/tenant rights). codes.findlaw.com+1
- Hawaii Office of Consumer Protection (OCP) Handbook for Landlord-Tenant Code. DCCA
- Hawaii State Judiciary Self-Help page – Security Deposits. courts.state.hi.us
Federal Law Foundations
- Fair Housing Act (42 U.S.C. § 3601 et seq.)
- Lead-Based Paint Hazard Reduction Act (units built pre-1978)
- Servicemembers Civil Relief Act (SCRA) for eligible tenants
