Free Hawaii Rental Lease Agreement

Sample Hawaii Rental Lease Agreement


THIS RESIDENTIAL LEASE (the "Lease") dated this ___ day of ____________________,20___.



(the "Landlord")

- AND-


(the "Tenant")

(individually the "Party" and collectively the "Parties")

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Hawaii, ______________________ (the "Property"), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the "Rent").
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Hawaii, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Hawaii.
  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Hawaii (the "Act"), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.
  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.
  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.
  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
  25. The Tenant will not engage in any illegal trade or activity on or about the Property.
  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.
  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.
  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.
  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:
    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _______________
    2. Address: ______________________, ______________________, State of Hawaii, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of $25.00 for each N.S.F. check or checks returned by the Tenant's financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this _____________of _____________, 20___.

Landlord: _______________

Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

Tenant: _______________


Lead-Based Paint Disclosure

Property: ______________________, ______________________, Hawaii, ______________________
Landlord: _______________
Tenant: _______________

Landlord's Disclosure


  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

 Landlord: _______________

per: _________________________________

Tenant's Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord's Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

 Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website

Asbestos Disclosure

Property: ______________________, ______________________, Hawaii, ______________________
Landlord: _______________
Tenant: _______________

Landlord's Disclosure


  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

 Landlord: _______________

per: _________________________________

Tenant's Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord's Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Hawaii Rental Lease Agreement

Ready to settle in Hawaii? How about a look at the lease agreements and the details in the rental lease agreement in Hawaii?

  • The Official Landlord-Tenant Rules and Regulations

    • Residential Landlord-Tenant Code - Haw. Rev. Stat. §521-1 – §521-78

    • Landlord and Tenant - Haw. Rev. Stat. §666-1 – §666-21

    • Hawaii Gov - Landlord-Tenant Handbook

  • Details on the security deposits

    • What is the security deposit maximum?

    • According to the Hawaii rental lease agreements, the security deposit maximum shouldn’t be more than one month’s rent and the pet deposit if the tenant has pets. The state of Hawaii allows tenants to have pets. The pet security deposit isn’t more than one month’s rent but, this doesn’t apply to tenants with service dogs. The deadline for returning the security deposit is 14 days after lease agreement termination.

    • However, the state doesn’t require security deposit interests. Also, there are no statures on separate security deposit bank accounts.

    • In the state of Hawaii, there are no statutes on refundable fees. Also, there are no statures for receipt of deposit or record keeping of deposit withholdings.

    • What are the permitted uses of the security deposit?

      • Failure to pay rent

      • In case of defaults for intentional or accidental damage resulting from non-compliance.

      • Failure to return all the keys furnished by the landlord as per the legal rental contract

      • For cleaning the unit and to return the unit to the same state it was in before the tenant moved in

      • For compensation for damages if a tenant wrongfully abandons the rental unit

      • For compensation of damages causes by the animal allowed in the rental agreement.

    • Does the state require an itemized list of damages and their written descriptions? Yes. This is the case unless the tenant quit the unit wrongfully then the landlord notifies the tenant the ground for the withholdings, plus the written evidence of the costs to remedy the damages.

    • What happens when the landlord fails to comply? Failure to provide the tenant with the written notice of withholdings and other requirements, 14 days after contract termination, the landlord forfeits part of the security deposit, and they may have to return the entire security deposits to the tenant. The tenant can sue.

  • Lease, Fees, and Rent

    • In the state of Hawaii, the rental lease agreement states that rent is due at the beginning of the month unless otherwise agreed. For rent increases on monthly leases, a 45-days’ notice is required before the effective, AND 15-days’ written notices on weekly leases.

    • There is no statute on rent grace period, but late fees are allowed.

    • Landlords do not require prepayments more than the allowed deposits and first-month rent unless this is agreed upon.

    • Though unconfirmed, tenants pay $30 for returned check fees.

    • If a tenant follows the outlined process, they can withhold rent if the landlord fails to provide essential services.

    • A tenant can repair and deduct but only if the landlord fails to remedy the conditions after a week following written notification by the health department

    • The landlord can recover court and attorney fees.

    • A landlord can make reasonable attempts to mitigate damages to the lessee including any attempts to re-rent((§521-70(d)).

    • There are no statutes on abandonment or early termination fees.

  • Notices and Entry

    • When terminating fixed-end date leases, the termination is automatic, and there is no notice requirement.

    • On annual leases, there are no statutes on notices.

    • For monthly leases, a landlord gives 45-days’ notice, and the tenant gives 28-days’ notices. All notices in writing.

    • For weekly leases, a 10-day notice is required, and immediate termination of tenancy is allowed.

    • In case of non-payment, there is a 5-days’ notice or quitting,

    • If the landlord wishes to terminate a lease because of condo termination, a 120-days’ notice to the tenant must be provided

    • For lease violations and nuisances, the termination notices are 10 and 5-days’ long although the landlord has to wait for 20 more days before filing for eviction in case of lease violations.

    • Termination can take place at the beginning of tenancy according to 521-42(a) and (§521-62).

    • There is no statute governing notice of date/ time move out inspection.

    • There is a two-days required notice before entry

    • Entry is also allowed, with notice for repairs and maintenance, showings, and emergency entry is also acceptable without notice.

    • In case of a tenant’s extended absence, a landlord may require a notice.

    • There is no statute for notifying tenants on pesticide use

    • Lockouts and utility shutoffs aren’t allowed

Disclosures and Miscellaneous Notes

This has names and addresses, the copy of the lease, tenants duties, and landlord duties. There are no statutes for domestic violation situations. This section also covers subleasing, retaliation, and lead disclosure

  • Court-related issues

    • The Hawaii Small Claims Court – limits are $5000, and there are no eviction cases allowed in small claims.

    • The stature of limitations outlines that the written and oral contracts are binding for six years.

    • Hawaii State Judiciary

    • Landlord-Tenant Claims

    • Hawaii Attorney General

    • Hawaii State Bar Association

    • You can also get legal aid

Business Licenses

There are no statewide requirements for business licenses.

For professional processing of your lease contract fill in our Hawaii rental lease agreement form here.


HI Rental Lease Agreement

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