Hawaii Lease Agreements

Last updated March 20th, 2024

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A Hawaii lease agreement provides landlords with the opportunity to lease residential or commercial property to eligible tenants. Prospective tenants must complete a comprehensive rental application and undergo a thorough credit check. If deemed suitable, a detailed property condition report is then provided for review, followed by the signing of the lease agreement.

Rental applications evaluate a prospective tenant’s finances and maintenance capabilities for the duration of the lease agreement. These documents are essential in determining a tenant’s suitability for occupancy and can offer valuable insights into their past rental history and creditworthiness.

Types of Agreements

Standard Lease Agreement – A Standard Residential Lease Agreement is a contract that outlines the terms and conditions of a fixed-term rental arrangement usually spanning one year. It is important to carefully review the terms of the agreement before signing.
Commercial Lease Agreement – A Commercial Lease Agreement is necessary for leasing space intended for non-residential purposes, such as operating a business. It is a professional document that outlines the terms and conditions of the lease agreement.
Month-to-Month Lease Agreement – A lease that operates on a month-to-month basis lacks a definite termination date and necessitates 45 days’ notification from the landlord and 28 days’ notification from the tenant for it to be terminated (as specified in § 521-71).
Rent-To-Own Lease Agreement – Rent-to-Own lease agreements are residential contracts that allow tenants to purchase the property from the landlord at the end of the lease term.
Room (roommate) Rental Lease Agreement – A formal agreement outlining the terms of cohabitation between roommates, encompassing schedules for household chores, payment of bills, and other relevant arrangements.
Sublease Agreement – It is permissible for a lessee to sublet their leased property to a sub-lessee, provided that the landlord has granted their approval.
Property Condition Form
Lead-Based Paint Disclosure Form

Security Deposits

Maximum Amount that can be requested from tenant is one month’s rent. An additional pet fee may apply.
Return – Under § 521-44(b)(2), it is mandatory for the landlord to refund the security deposit to the tenant within a period of 14 days after the lease agreement comes to an end or the tenant vacates the property, whichever is later.

Grace Period

Payment of rent in Hawaii is expected to be made promptly and without delay at the designated location and time.
In the event that the payment is not made on the due date, the landlord has the right to issue a notice to quit within a period of five days. It is important to note that the notice to quit is a legal document that obliges the tenant to vacate the premises within the given time frame.

Late Fees

Maximum – If a landlord includes a clause in the lease agreement, there is no upper limit on the penalty they can impose.
NSF Fee – As stipulated by section 40-35.5, a fee of up to $25 can be charged for a bad check.

Right to Enter

It is mandated by § 521-53 that landlords are required to provide notice of at least two days prior to entering a tenant’s unit. This legal requirement serves to ensure that tenants’ privacy rights are respected and their living spaces are not intruded upon without proper notice.
It is imperative that landlords adhere to this regulation in order to maintain a professional and ethical relationship with their tenants.