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  2. Apartment Lease Agreements

Hawaii Apartment Lease Agreement

A Hawaii apartment lease agreement is a legal contract that permits a property owner to lease their residential or commercial space to a suitable tenant. Typically, before the lease is finalized, the landlord asks the tenant to fill out a rental application and pay a nominal fee for a credit check. If the tenant's application is accepted, they’re provided with a report detailing the property's current condition, including any existing damages. The lease agreement is then signed, formalizing the arrangement.

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Hawaii Apartment Lease Agreement

Local authorities frequently enact ordinances for apartment lease agreements in Hawaii. These can encompass a variety of regulations, such as those about health and safety standards, noise control, and nuisance prevention. They also often include rules against discrimination. These ordinances directly impact landlords and tenants, shaping how they interact and conduct business.

Security Deposit 

  • Maximum Deposit: The security deposit should not exceed the cost of one month’s rent. However, an additional fee may be charged if the tenant owns a pet.
  • Deposit Refund: The landlord is obligated to refund the security deposit within 14 days following the termination of the lease.
  • Deductions and Documentation: Should the landlord decide to deduct any amount from the security deposit, they must provide the tenant with a detailed written account of these deductions within the same 14-day period.

Entry and Access 

  • Scheduled Visits: Landlords must provide tenants with a minimum of two (2) days’ notice before entering the property for any prearranged appointments.
  • Emergency Situations: In circumstances of emergency or when it’s not feasible to provide advance notice, landlords are permitted immediate access to the property without prior notification.

Pets Policy 

The decision to permit pets in a rental property rests with the owner. They can establish guidelines regarding the number, type, and size of pets allowed. If the rental property is part of a condominium, tenants must adhere to the building’s rules.

  • Pet Deposit: Tenants are typically required to pay a pet deposit equivalent to one month’s rent and a security deposit. This deposit is intended to cover any property damage caused by the pet. The deposit should be refunded if a tenant no longer has a pet.
  • Pet Rent: If a property is listed as “pet negotiable,” the landlord may charge an additional pet rent.
  • Pet Application: Property management professionals recommend that tenants complete an application. This lets the property owner know the pet type that’ll be living in the unit.
  • Pet Addendum: Landlords should include a pet addendum in the Hawaii apartment lease agreement. This should clearly outline the expectations for tenants with pets, such as pet insurance requirements and the need for professional cleaning and flea treatment of the property.
  • Tenant Responsibility: Tenants are ultimately responsible for their pet’s behavior, including noise complaints and any damages caused by their pets. 

Disclosures 

In a Hawaii apartment lease agreement, particular disclosures are mandated for inclusion in residential lease agreements. These disclosures include the following:

  • Landlord’s Information
  • Move-In Checklist
  • Lead Paint Disclosure

Here are a few other disclosures that are recommended to add but not required in Hawaii.

  • Bed Bugs Disclosure
  • Asbestos
  • Medical Marijuana Use
  • Mold Disclosure
  • Late/Returned Check Fees & Non-Refundable Fees
  • Shared Utilities
  • Smoking