A Hawaii lease agreement is a form used by a landlord to rent residential or commercial property to another individual. These agreements are legally binding once they’ve been signed by the landlord and tenant. For this reason, both parties must make sure they understand and agree to the terms of the contract before signing. Landlords would be wise to use a rental application form to vet applicants to ensure they are reliable before accepting them for tenancy.
Rental Application – Used by landlords to gather personal information about people applying for a lease, and obtain permission to perform any necessary background checks before accepting them for tenancy.
Commercial Lease Agreement – A contract used by owners/landlords who are renting out property for business use, such as office space, industrial property, or retail stores.
Rent-to-Own Agreement (Lease Option) – A rental form used by landlords and tenants who have an understanding that the tenant may purchase the property during a designated option period (other conditions will apply).
Month-to-Month Lease Agreement – A contract used to rent property to a tenant on a monthly basis with the option to terminate the agreement at any time with appropriate notice given to the other party.
Roommate Agreement – A document negotiated by roommates for defining certain living conditions and is separate from the original residential lease.
Standard (1-year) Lease Agreement – A standard lease agreement establishes a rental arrangement between landlord and tenant that lasts for one (1) year and cannot be terminated, except under special circumstances.
Sublease Agreement – A rental contract used by a tenant to rent out the property they are currently leasing from a landlord to a subtenant. Landlord permission is almost always required.
The landlord must disclose to the tenant the names and addresses of all owners of the residential property as well as all persons authorized to manage the premises accept service of process, notices, and demands. The landlord’s excise tax number must also be provided.
Landlords are required to notify tenants regarding the presence of lead-based paint in their rental unit if it was built before 1978.
Before signing a lease, the landlord is required to record the condition of the premises, including any provided furnishings or appliances, in a document signed by both parties.
- Title 28,Section 521, Subsections 1 – 78 (Residential Landlord-Tenant Code)
- Title 36, Section 666, Subsections 1 – 21 (Civil Remedies and Defenses and Special Proceedings – Landlord and Tenant)
- Landlord-Tenant Handbook (PDF)
General Access (§ 521-53(b)) – The landlord must provide two (2) days’ notice to a tenant before entering the premises.
Emergency Access (§ 521-53) – The landlord may enter at any time for emergency purposes.
Grace Period – No statute.
Maximum Fees ($) (§521-21(f)) – Late fees may be charged as stated in a lease agreement but shall not exceed eight percent (8%) of the total monthly rent.
Rent Increase Notice (§521-21(d) and (e)) – Rent may be increased as long as forty-five (45) days’ notice is provided for month-to-month tenancies (fifteen (15) days for shorter at-will tenancies).
Maximum Amount ($) (§521-44(b)) – Maximum security deposit amount shall not exceed one (1) month’s rent.
Returning to Tenant (§521-44(c)) – Security deposit must be returned to the tenant a maximum of fourteen (14) days after the lease is terminated.
Interest Required? – No statute.
Separate Bank Account? – No statute.