A Hawaii lease agreement creates a binding relationship between you (the landlord) and your tenant. You agree to rent all (or some of) your property for a fee, and in return, the tenant agrees to the terms and conditions you lay out in the document. Landlord-tenant laws mandate that landlords add specific details in their lease agreements, such as the names and addresses of the parties, information about the premises, any known health hazards or risks, and rent specifics.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: Yes.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: Yes.
Landlords use a rental application to assess tenant eligibility before finalizing a lease agreement.
By Type (6)
Standard Lease Agreement
Allows landlords and tenants to create a binding arrangement for renting residential property in exchange for monthly payment.
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.
Commercial Lease Agreement
Allows a tenant to rent commercial property located within the state.
Room Rental Agreement
Used by a group of tenants residing together in a shared dwelling.
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.
Rent-to-Own Lease Agreement
Allows tenants to rent while extending an exclusive option to purchase the property.
Required Lease Disclosures
Hawaii has specific regulations for landlords and tenants entering a lease agreement. The main disclosures are as follows: [1]
- Lead-based paint disclosure. For rental properties built before 1978.
- Identification. The tenant must be informed about the names and addresses of the parties involved in managing the premises. [2]
- 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. [3]
Security Deposit
- Maximum Amount: A landlord may charge up to one month’s rent for a security deposit. [4]
- Receipts: Not specified.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: The deposit must be returned to the tenant within 14 days of the end of the lease. [5]
- Withholding Rules: 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.
Rent Payments
- Laws: Rent is due as agreed upon by the parties.
- Rent Control: Hawaii has no rent control policies, allowing landlords to set and increase rent as they see fit. Landlords must provide at least 45 days’ notice for monthly leases and 15 days’ notice for weekly leases before increasing rent.
- Late Fees and Grace Period: Late fees must be specified in the lease and cannot exceed 8% of the monthly rent. [6] There is no grace period; if rent is not paid on time, the landlord can issue a 5-day notice to quit.
- Withholding Rent: 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. [7]
Landlord Right of Entry
- Notice Requirements: Landlords must provide tenants two days’ advance notice before entering the rental property. [8]
- Keys, Locks, and Security: Aside from the prohibition against landlords changing the locks to evict tenants, there are no specific rules governing lock changes.
Property Repairs
- Landlord Responsibilities: Landlords must ensure their property is “habitable” and promptly address tenant repair requests, typically within 15 days. If repairs are not made within the notice period, tenants have the right to take alternative action.
- Tenant Repairs: Tenants must keep the unit clean, handle minor repairs, and follow any additional landlord requirements.
- Abandonment: The lease is deemed abandoned if a tenant fails to pay rent and is absent from the unit for 20 consecutive days without notice. [9]
Terminating a Lease
- Month-to-Month Tenancy: A 45-day notice is required to terminate the lease. [10]
- Unclaimed Property: The landlord can sell the abandoned property after notifying the tenant and advertising the sale for at least three days. The sale proceeds must be held in a trust for 30 days before the landlord can claim them. [11]
Sample
Below, you can download a Hawaii lease agreement template in PDF or Word format.
