Hawaii Room Rental Agreement

Legal Aspects

A Hawaii room rental agreement adheres to landlord-tenant laws, ensuring legality and fairness. These laws govern crucial aspects of landlords’ and tenants’ rights and obligations. Aligning with Hawaii’s legal framework offers a solid foundation for above-board rental transactions.

Access to the Room 

• Landlords’ right to entry: Hawaii law allows landlord entry to inspect, make repairs, alterations, supply services, and show the unit to prospective tenants or buyers.  

• Notice required: The landlord must provide two (2) days advance notice before entering for non-emergency reasons. This gives the tenant time to prepare for the entry.

• Tenant consent required: The landlord can only enter with the tenant’s permission unless it’s an emergency. The tenant can’t unreasonably refuse consent. 

• Emergency entry permitted: The landlord can enter without notice or consent in a true emergency to protect safety and property.

• Entry of abandoned room: If the tenant appears to have moved out, the landlord can enter to inspect, maintain, and secure the unit without notice or consent.

• Court-ordered entry: A court can order entry for valid legal reasons. The landlord must follow the court order.

• Landlord liability for improper entry: Landlords are liable for any damages caused by illegal entry without proper notice and consent.

• Tenant remedies for harassment: If the landlord makes repeated unreasonable demands to enter, the tenant can terminate the lease, seek a court injunction to stop the entries, and collect fines. 

Guest & Pets Policy

• Landlords’ right to restrict guests: While rental law in Hawaii isn’t specific, landlords can prohibit guests if it’s in the lease. They can also restrict guests whose visiting period exceeds state occupancy laws, typically 14 days. In addition, tenants are responsible for any guest damages, which protects landlords.

• Tenants’ right to have guests: Tenants have rights to quiet enjoyment and privacy of their rental, allowing reasonable guests for reasonable periods.

• Pet policies set by landlord: Hawaii landlords decide if pets are allowed and any restrictions like type, size, and number. Pet deposits and pet rent are common requirements.

• Service animals are always permitted: Service animals must be accommodated regardless of pet policy. No fees or restrictions are allowed; they’re just being verified as service animals.

• Pet applications and addendums: Pet applications help landlords assess animals. Pet addendums outline tenant obligations like cleaning and damage. 

Security Deposit Regulations

• Amount limit: The maximum security deposit landlords can charge in Hawaii is one (1) month’s rent. An additional one (1) month can be charged for tenants with pets.

• Deposit uses: Hawaii landlords can only use security deposits to remedy tenant defaults, clean the unit, and compensate for damages from wrongful abandonment.

• Returning deposits: Hawaii landlords must return security deposits within 14 days of lease end and property surrender, along with an invoice for any amounts deducted.

• Tenant remedies: If the landlord retains the deposit beyond 14 days without providing a written accounting, they forfeit the right to keep any deposit.

• Nonrefundable fees banned: Hawaii prohibits nonrefundable fees. All security deposit-related charges must be refundable based on property condition.