Hawaii Rental Lease Agreements
The Hawaii Rental Lease Agreements allows for a tenant to lease a property from a landlord in return for regular payments over a specified period. The contents of the document specifies the legal responsibilities of each party, of which include, but are not limited to:
- Utility Responsibilities;
- Rent Amount ($);
- Property Description;
- Lease Term (excluding Month-to-Month); and
To avoid any disputes about the terms of an agreement, both parties should have a solid understanding of state laws as well as the specific stipulations of their particular contract.
What is a Hawaii Lease Agreement?
A Hawaii Lease Agreement is a legal contract used to provide legal protections to both landlords and tenants. It achieves this by imposing certain legal obligations on each party to uphold. Once a contract is signed it becomes legally-binding, so landlords should conduct due diligence when taking on new tenants by requiring them to fill out a rental application form.
State Definition (§521-8) – “means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises.”
Types of Agreements
College Roommate Agreement – In the interests of creating a clear set of rules for all individuals in a shared dorm to follow, college roommates should consider creating this agreement.
Commercial Lease Agreement – A contract signed between a landlord and a business for the rental of a property for commercial purposes.
Lease to Own Agreement – Establishes legal scope for a landlord to sell their property to tenants under the conditions set out in the agreement.
Month-to-Month Lease – Landlords who do not wish to rent out their property on a long-term basis can draft this document which allows for a rental property to be leased on a month-to-month basis.
Roommate Agreement – Provides guidelines about the conduct of roommates in a shared rental dwelling, as well as outlining matters like rent and utility payments.
Standard Residential Lease Agreement (Association of Realtors Form RR 301) – Property owners based in Hawaii who wish to lease their property should use this legal agreement to protect their rights as a tenant.
Download – Adobe PDF
Sublease Agreement – Created with the purpose of outlining the precise legal processes as well as obligations involved in the sublease of a property.
When is Rent Due?
According to § 521-21(b), rent is due at the time and place agreed to by both parties. Unless otherwise stated, rent is payable at the start of any term of one month or less, or in equal monthly installments payable at the beginning of each month for longer terms. There is no grace period stipulated by state law.
Emergency (§ 521-53): Landlords do not need to give notice to enter in the case of an emergency.
Non-Emergency (§ 521-53): Landlords must only enter during reasonable hours and give at least two (2) days’ notice to tenants of their intent to enter, unless it is impractical to do so.
- Inventory Checklist (§ 521-42): Prior to the tenants moving in, landlords are required to conduct an inventory of the premises and provide tenants with a written record of it that specifies the condition of the premises and any furnishings or appliances provided.
- Lead-Based Paint Disclosure: In accordance with federal law, landlords are required to disclose lead-based paint hazards in the rental property. Additionally, they must supply this document about lead-based hazards to tenants.
- Names and Addresses (§ 521-43(a)): The names and addresses of the owner of the premises as well as anyone authorized to manage the premises must be disclosed.
- Tax (§ 521-43(h)): Landlords must notify tenants of their general excise tax number for the purpose of filing for a low-income tax credit.
Security Deposit Laws
Maximum (§ 521-44): The maximum security deposit cannot exceed one (1) month’s rent. Tenants with pets may be required to pay an additional fee on top of the standard security deposit.
Returning to Tenant (§ 521-44): The deposit must be returned within fourteen (14) days from the termination date.