What Is a Hawaii Lease Agreement?
A Hawaii lease agreement creates a binding relationship between the landlord and the tenant. As the landlord, you agree to rent your property for a fee. In return, the tenant agrees to the terms outlined in the document.
You can refer to the Hawaii lease to review provisions for the following:
- Rent payments
- Accepted payment methods
- Security deposits
- Lease disclosures
- Landlord’s and tenant’s responsibilities
Hawaii Landlord-Tenant Laws Overview
A Hawaii residential lease agreement must adhere to state-specific laws. Otherwise, some parts may be null and void, resulting in landlords being unable to enforce their terms. Review some of they key landlord-tenant laws in Hawaii to ensure compliance:
| Topic | Rule | Law |
|---|---|---|
| Security Deposit Maximum | One month's rent | HI Rev Stat § 521-44(b) |
| Security Deposit Storage | No requirements | n/a |
| Security Deposit Interest | No requirements | n/a |
| Security Deposit Return | Within 14 days of the end of the tenancy | HI Rev Stat § 521-44(c) |
| Rent Control | None | n/a |
| Late Fee Maximum | 8% of the monthly rent | HI Rev Stat § 521-21(f) |
| Grace Period | None | n/a |
| Landlord Entry | Two days' notice, except in cases of emergency | HI Rev Stat § 521-53 |
| Lease Termination | 45 days' notice | HI Rev Stat § 521-71 |
Types of Hawaii Lease Agreements
Legal Templates offers various types of Hawaii lease agreements to meet your needs. Whether you want to rent just a room, write a subleasing arrangement, or enter another lease situation, we have the template for you. Explore our Hawaii rental forms below.
Hawaii Standard Lease Agreement
Allows landlords and tenants to create a binding arrangement for renting residential property in exchange for monthly payment.
Hawaii Month-to-Month Rental Agreement
Permits the rental of residential property on a month-to-month basis, automatically renewing unless terminated with proper notice by either party.
Hawaii Commercial Lease Agreement
Allows a tenant to rent commercial property located within the state.
Hawaii Room Rental Agreement
Used by a group of tenants residing together in a shared dwelling.
Hawaii Sublease Agreement
Allows the tenant to share their lease, renting out either a portion or the entirety of the property to a subtenant for a specified duration.
Hawaii Rent-to-Own Lease Agreement
Allows tenants to rent while extending an exclusive option to purchase the property.
Security Deposit Regulations in Hawaii
When a Hawaii landlord collects a security deposit, they can protect against tenant-inflicted damage and unpaid rent. Landlords can charge up to one month’s rent for a security deposit (HI Rev Stat § 521-44(b)). Landlords can also charge up to one month’s rent for a pet deposit, though they cannot charge any pet deposit for service animals.
State law is lenient in other aspects of security deposits, as landlords are not required to provide receipts, pay interest to the tenant, or store them in a separate bank account.
When a lease ends, a Hawaii landlord has 14 days to return the security deposit to the tenant (HI Rev Stat § 521-44(c)). Landlords may withhold a security deposit for unpaid rent, excessive damage, cleaning costs, early lease termination, or attorney’s fees, but must provide an itemized list of deductions.
Hawaii Rent Payment Rules
Rent for a Hawaii residential lease agreement is agreed upon by the landlord and tenant. Hawaii doesn’t have rent control, so landlords can charge as much as they’d like. However, they must issue 45 days’ notice for rent increases in a month-to-month lease (HI Rev Stat § 521-21(d)).
If you want to charge a late fee, it must be documented in the Hawaii residential lease agreement. You may charge any late fee you’d like as long as it does not exceed the state maximum of 8% of the monthly rent (HI Rev Stat § 521-21(f)).
There is no state-mandated grace period. If the tenant does not pay rent on time, the landlord can issue a 5-day notice to quit under HI Rev Stat § 521-68.
If a landlord fails to start health and safety repairs within five days of notification by a state or county agency, the tenant may arrange the repairs themselves and withhold up to $500 of their rent, provided they give the landlord receipts for the expenses (HI Rev Stat § 521-64).
Landlord Entry Regulations in Hawaii
Except in emergencies, landlords must provide tenants two days’ advance notice before entering the rental property (HI Rev Stat § 521-53). They should only enter during reasonable hours.
Hawaii Landlord and Tenant Property Repair Responsibilities
Landlords must supply and maintain fit premises (HI Rev Stat § 521-42). Some of their responsibilities include complying with building and house codes that materially affect health and safety, keeping common areas in good condition, and making necessary repairs.
Tenants must comply with applicable building and housing codes. They must also keep their space as clean and safe as the condition of the property allows (HI Rev Stat § 521-51).
Required Lease Disclosures in Hawaii
Hawaii landlords must add specific disclosures in their leases for them to remain valid. The main disclosures are as follows:
- Lead-based paint disclosure. For rental properties built before 1978 (42 US Code 4852d).
- Identification. The tenant must be informed about the names and addresses of the parties involved in managing the premises (HI Rev Stat § 521-43).
- Property condition form. The landlord has to provide the tenant with a property condition form that includes an evaluation of the unit and its appliances (HI Rev Stat § 521-42).
Terminating a Lease in Hawaii
To end a Hawaii residential lease agreement, the landlord must issue 45 days’ notice (HI Rev Stat § 521-71). The tenant has more flexibility, as state law only requires them to provide 28 days’ notice.
The lease is deemed abandoned if a tenant fails to pay rent and is absent from the unit for 20 consecutive days without notice (HI Rev Stat § 521-44(d)).
Hawaii Lease Agreement Sample
Our Hawaii lease agreement sample gives you an idea of how to structure your landlord-tenant agreement. When you’re ready, you can use Legal Templates’s guided form to write your own and record your terms. Then, download the document as a PDF or Word file.
