Hawaii Lease Agreements

Key Takeaways

• The maximum rent landlords can charge as a security deposit in Hawaii is one (1) month. 
• After moving out, the landlord must refund the security deposit within 14 days. 
• Tenants have seven (7) days to respond to eviction lawsuits in Hawaii.

Hawaii Lease Agreement Templates

Residential Lease Agreement

Residential Rental Agreement

Used 5,261 times

Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.

Use Residential Rental Agreement

This document serves as a foundational agreement for residential rentals in Hawaii, ensuring that both landlords and tenants understand their rights and responsibilities under state law.

Hawaii Apartment Lease

Specifically designed for apartment rentals in Hawaii, this lease agreement addresses the unique considerations of multi-unit housing, providing clarity on issues such as common area usage and building regulations.

Hawaii Room Rental

Tailored for renting individual rooms within a property, this template helps landlords and tenants establish clear guidelines for shared living spaces in accordance with Hawaii’s rental laws.

Hawaii Month-to-Month Lease

Offering flexibility for both landlords and tenants, this agreement allows for short-term rental arrangements without the commitment of a long-term lease, ideal for Hawaii’s dynamic rental market.

Commercial Lease Agreement

Designed for leasing commercial properties in Hawaii, this agreement outlines the terms and conditions for businesses renting retail, office, or industrial spaces, ensuring compliance with state regulations and business needs.

Lease to Purchase Agreement

This agreement provides a structured framework for lease-to-own arrangements, allowing tenants the option to buy the property at a later date while providing landlords with stable rental income and potential future sale.

Sublease Agreement

Facilitating subleasing arrangements, this agreement clarifies the responsibilities of the original tenant (sublessor) and the subtenant (sublessee), ensuring compliance with Hawaii’s subleasing laws and protecting the interests of all parties involved.

Understanding Hawaii Rental Laws 

The Hawaii Residential Landlord Tenant Code establishes Hawaii’s rental laws, which are legally binding. They ensure fair treatment and protect the rights of both parties involved in a rental agreement. They cover various aspects of the rental process, including security deposits, evictions, and party rights. By familiarizing yourself with these laws, you can navigate the rental process smoothly. 

Security Deposit Limits

• Amount limits: A landlord can require a new tenant to pay a security deposit not exceeding one (1) month’s rent before moving in.

• Allowable deductions: Landlords can deduct from the security deposit for cleaning costs, unreturned keys, property damage caused by the tenant, or unpaid rent.

• Return of security deposit: At the end of the rental period, the landlord has 14 days to return the security deposit. They must also provide an itemized list if they use any portion of it to cover damages. 

• Tenants’ recourse: If the landlord doesn’t return the full deposit within 14 days and fails to provide a written explanation for any deductions, the tenant can file a case in Small Claims Court.

Eviction Procedures

• Notice to tenant: Landlords must serve tenants with written notice before beginning the eviction process. Notice types include: 

• 5-Day Notice to Quit for non-payment of rent
• 45-day Notice to Vacate for month-to-month tenants
• 10-Day Notice to Comply or Vacate for Lease violations
• Immediate Notice to Vacate for Illegal Activities

• Filing for an eviction lawsuit: After serving notice, landlords must file an eviction complaint with the appropriate court, along with a $155 filing fee. The tenant will then receive a summons in person, left with a resident, or posted conspicuously on the rental unit.

• Tenant’s response: The tenants have five (5) to seven (7) business days to file an answer with the court after receiving the summons to appear at the hearing. If the tenant doesn’t respond, the judge can issue a default judgment favoring the landlord. 

• Court hearing and judgment: A hearing is held, and if the judge rules in favor of the landlord, a writ of possession is issued.

• Writ of possession: This is the final notice for tenants to vacate the premises. If they remain after the writ expires, law enforcement will forcibly remove them.

Right To Enter

• Landlord’s right to enter: Landlords must give two (2) days’ notice to enter rental units to inspect premises, make repairs, supply services, or show the unit.

• Tenant’s consent required: Landlords must obtain the tenant’s permission before entering, except in emergencies or apparent abandonment.

• Landlord’s liability: If entering without consent, landlords are liable for theft, damage, etc., regardless of negligence.

• Tenant’s recourse: Tenants can terminate the lease and seek an injunction/fine (of up to $100) if landlords make repeated unreasonable entry demands or enter without proper notice.

Disclosures

Before signing Hawaii lease agreement templates, the following disclosures must be provided. 

• Landlord/manager information: Landlords must disclose in writing the names and addresses of persons authorized to manage the premises and act on behalf of the owner for service of process, receiving rents/notices, etc.

• Rental agreement copy: Landlords must provide a copy to the tenant for written rental agreements.

• Rent receipts: Landlords must provide written receipts upon payment unless the payment is by canceled check.

• Off-island agent: Landlords residing off the island where the rental is located must designate a local agent to act on their behalf.

• Tax information: Landlords must provide their General Excise Tax number to tenants to claim low-income tax credits.

• Lead-based paint: Federal law mandates that Hawaii residential leases for pre-1978 properties include a lead-based paint disclosure. Landlords must attach a disclosure form, furnish an EPA-approved pamphlet, and provide relevant records.

• Move-in checklist: Hawaii landlords are obligated to furnish tenants with a move-in checklist to document property conditions before occupancy.