Hawaii Residential Lease Agreement Template

A Hawaii residential lease agreement is a legally binding document landlords and tenants use to outline rental terms and conditions in Hawaii.

Last updated October 7th, 2024

A Hawaii residential lease agreement is a legally binding document landlords and tenants use to outline rental terms and conditions in Hawaii.

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Rental Application – It is recommended for tenants to fill out this form before signing the agreement in order for landlords to verify tenants’ credit and employment history.

What the form covers?

This document includes the following laws regarding the relationship between the landlord and tenant in Hawaii:

Hawaii Residential Landlord-Tenant Code

Summary (Haw. Rev. Stat. § 521): Hawaii has the following laws governing the landlord-tenant relationship:

  • Maintenance of the Property – Landlords must make sure that the rental properties are safe and habitable, keeping up with Hawaii health and safety codes.
  • Security Deposits – Landlords are required to return security deposits within 14 days after a tenant vacates the rental unit.

Security Deposit Law

Summary (Haw. Rev. Stat. § 521-44): Landlords can charge tenants a security deposit but must return it (minus any deductions) within 14 days after the tenant moves out.

  • 14 Days – Timeframe for landlords to return the deposit.
  • Deductions must be itemized and provided to the tenant.
  • Normal wear and tear cannot be deducted from the deposit.
  • Tenants can pursue legal action for up to double the deposit if not returned properly.

Lease Termination

Summary (Haw. Rev. Stat. § 521-71): Both landlords and tenants can terminate a lease under these conditions:

  • Landlord’s Ability to Terminate
    • 5-day notice for failure to pay rent.
    • 10-day notice to cure a lease violation.
  • Tenant’s Ability to Terminate
    • Tenants may terminate for domestic violence with proper documentation (court records/police report)..
    • Provide 28 days’ notice to terminate a month-to-month lease.

Landlord’s Access to Property

Summary (Haw. Rev. Stat. § 521-53): Landlords must provide reasonable notice (at least 24 hours) before entering a rental property unless there is an emergency. Tenants cannot unreasonably deny access to landlords.

Due Dates / Late Fees

Summary (Haw. Rev. Stat. § 521-58): Hawaii law does not mandate the rent due dates; these are subject to the written lease agreement. If no grace period is listed in the agreement, landlords can charge a late fees after rent is overdue.

Eviction Procedures

Summary (Haw. Rev. Stat. § 521-68): After proper notice is given to the tenant, landlords must file a complaint in court to proceed with an eviction if the tenant fails to comply with the notice.

Property Maintenance

Summary (Haw. Rev. Stat. § 521-42): Landlords are required to keep rental properties in a habitable condition and make necessary repairs after receiving written notice from tenants.

  • Tenants can terminate the lease and/or seek damages if repairs are not made within a reasonable time after notice.

Tenants who make repairs themselves are not legally entitled to deduct the cost from their rent payment.

Tenant’s Rights

Summary (Haw. Rev. Stat. § 521-41): Tenants in Hawaii have certain rights that are protected under state law, including the following:

  • Right to Privacy – Tenants are entitled to privacy in their rental unit, and landlords must provide notice before entering.
  • Right to a Habitable Home – Tenants can expect their rental unit to meet health and safety standards.
  • Protection from Retaliation – Landlords cannot retaliate against tenants for exercising their rights, such as reporting code violations.

Rent Control

Summary Hawaii does not have statewide rent control laws. However, some counties may have their own regulations.

  • Local Regulations – Tenants should be aware of any county-specific rent control measures that might apply.

Discrimination Protections

Summary (Haw. Rev. Stat. § 368-1): Hawaii law prohibits discrimination in housing based on race, color, religion, sex, national origin, disability, familial status, and sexual orientation.

  • Filing Complaints – Tenants who believe they have been a victim of discrimination can file a complaint with the Hawaii Civil Rights Commission.

Habitability Standards

Summary (Haw. Rev. Stat. § 521-42): Landlords must make sure that rental properties are habitable and meet basic living standards, including:

  • Functional plumbing, heating, and electrical systems.
  • Proper sanitation and safety measures to prevent infestations.

Tenants can request repairs and are entitled to a response from the landlord within a reasonable timeframe.

Utilities and Services

Summary Hawaii law outlines the obligations regarding utilities in rental agreements. Landlords are responsible for maintaining proper services while tenants are responsible for paying for internet and cable (optional).

  • Water and Electricity – Unless specified otherwise in the lease, landlords must provide these services.
  • Internet and Cable – The tenants are responsible for paying for these services unless included in the rental agreement.

 


Hawaii Standard Rental Lease Agreement Form PDF Sample

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