Free Hawaii Rental Lease Agreement

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.