Hawaii rental agreements legally bind a landlord and tenant to a contract for the use of a property for monthly rent. Rent is commonly due on the first (1st) of each month. There is no rent grace period (except for those receiving public assistance, which is three (3) days (§ 521-21)). It is recommended the landlord screen each tenant with a rental application before executing a lease.
Hawaii Rental Lease Agreement Templates | PDF
Hawaii Lease Agreements
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The Hawaii standard residential lease agreement is structured around a one (1) year lease with reoccurring monthly payments. The form will provide information regarding the cost of rent, security deposits, and the rights and responsibilities of both parties. For the lease agreement to go into effect, both the landlord and tenant must agree to the terms and conditions and sign the document. If a security deposit was demanded, this will often be paid at the time of signing as well….
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The Hawaii rental application is used to inform a landlord of the applying tenant’s criminal, employment, rental, and credit information. This allows the property owner/manager/agent to make the best possible decision regarding the selection of a reliable tenant. It is within the landlord’s rights to charge a fee for the processing of any background and credit checks they deem necessary. Often this fee will help determine the seriousness of the candidates as uninterested parties will be weeded out not wanting…
The Hawaii five (5) day eviction notice form is designated for tenants who are late on paying their monthly rent. The notice to quit is an official notice that requires the tenant to either pay all back-rent or forfeit the premises to the landlord. Keep in mind that the tenant will still be liable for the rental amount due after they vacate. (THIS 5-DAY NOTICE IS NOT OPERABLE UNTIL AUGUST 27TH, 2022, SEE NOTE BELOW.) NOTE – Recent amendments to…
The Hawaii month-to-month lease agreement is structured so that it renews at the end of every month unless notice is given by either the landlord or tenant. This provides greater flexibility for both parties as neither are locked into a one (1) year term that is difficult to terminate before the predetermined end date. Like the other lease contracts, it is recommended that the property owner ask the applying tenant(s) to fill out a rental application. Once the application is completed,…
A Hawaii commercial lease agreement is designed for property owners who are looking to lease their property to a successful retail, office, or industrial business. Before the lease goes into effect, the property owner will want to review the business owner by asking the business owner to complete a rental application. The rental application will give the property owner access to the applying tenant’s criminal, employment, rental, and credit information, so the property owner can make a wise decision upon…
The Hawaii sublease agreement is a document used by a tenant renting a property who would like to lease a portion of it or all of it to a secondary tenant, called a sublessee. The sublessor, master tenant, will want to check in with their landlord to ensure that they’re okay with such an arrangement. Generally speaking, the master tenant will be liable for any unpaid rent by the sublessee as well as any damage caused to the property. Should the…
STATE DISCLOSURES
Move-in Checklist (§ 521-42) – Hawaii requires that in all situations where a landlord accepts a security deposit, that the tenant is issued a checklist that allows them to write down any prior damage to the premises.
Landlord/Manager Information (§ 521-43(a)) – The landlord must disclose the person(s) managing the premises. If it is the landlord themselves, then their information must be disclosed. Also, the landlord’s tax number must be issued to the tenant so they may be able to apply for a low-income tax credit.
Lead-Based Paint – As per federal law, all residences built before 1978 must have this form filled-in and signed by the tenant to ensure their knowledge of the existence of this type of paint in the structure.
LANDLORD TENANT LAWS – For reference see the Landlord-Tenant Handbook.
SECURITY DEPOSITS
Maximum (§ 521-44(b)) – A landlord cannot demand in excess of one (1) month’s rent.
Returning (§ 521-44(b)) – The landlord must return the security deposit fourteen (14) days from the date the tenant vacated the premises and has given back the keys to the landlord.
LANDLORD’S ACCESS/ENTRY
The landlord must provide at least two (2) full days‘ notice before entering the property for any repair or alteration (§ 521-53).