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Hawaii Standard Residential Lease Agreement

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Updated on December 9th, 2022

A Hawaii standard residential lease agreement enables two parties, a landlord and a tenant, to establish the terms and conditions of a residential tenancy by negotiating and signing this written rental contract. Most standard residential leases are entered into for a one-year period, but the parties may agree upon a longer or shorter term. The document will also include the rent amount, required security deposits (if any), the division of utility and other service payments, termination options, and penalties for defaults. This document becomes legally binding once it has been signed by both parties.

Rental Laws – Title 28, Section 521

Handbook (Guide) – Hawaii Landlord-Tenant Handbook

Contents

Security Deposits

Maximum (§ 521-44(b)) – One (1) Month’s Rent

Returning (§ 521-44(c)) – Fourteen (14) Days

When is Rent Due?

Rent must be paid by the tenant on the due date in accordance with the lease agreement signed by the parties. No grace period is mentioned in state statutes; however, a landlord may charge a late fee for past-due rent as long as it does not exceed 8% of the total monthly rent (§521-21(f)).

Disclosures (3)

1) Identification

The landlord must give the contact information of all owners, managers, and agents who are allowed onto the property to the tenant. In addition, the landlord must provide their tax excise number to the tenant so they may be able to file for a low-income tax credit if they qualify.

2) Lead-Based Paint Disclosure

If the premises dates back to 1978 or earlier, the landlord must give the tenant a notice regarding lead-based paint on the property.

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3) Property Condition Disclosure

Prior to any written agreement, the landlord must provide the tenant with a written account of the condition of the rental unit and all furnishings or appliances that are included.