A Hawaii month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a Hawaii Month-to-Month Rental Agreement
In Hawaii, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Hawaii landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Hawaii
Hawaii landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Hawaii landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
- Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage. This helps ensure accurate deductions from the security deposit upon move-out.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Hawaii
Hawaii lets the landlord end a month-to-month lease with at least 45 days of advance notice. A tenant only has to give 28 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Hawaii requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Hawaii Month-to-Month Lease
Hawaii requires written notice for a rental increase. The law doesn’t specify a particular timeframe. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes. In Hawaii this is 45 days.
Eviction in Hawaii Month-to-Month Rentals
Hawaii tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Hawaii typically take one to four months.
For more information on the eviction process in Hawaii, click here.
Sources
- 1 Haw. Stat § 521-71
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(a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation.
(b) When the tenancy is month-to-month the tenant may terminate the rental agreement by notifying the landlord, in writing, at least twenty-eight days in advance of the anticipated termination. When the tenant provides notice of termination, the tenant shall be responsible for the payment of rent through the twenty-eighth day.
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