Hawaii Month-to-Month Rental Agreement

Last Updated: December 19, 2023 by Roberto Valenzuela

A Hawaii month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.

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For information about fixed-term leases in Hawaii (i.e., a term of one year or more), click here.

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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

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 – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
  • Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
  • Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.

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The state page for fixed-term leases may have more detailed information on required disclosures.

Required Notice To End a Month-to-Month Rental in Hawaii

Hawaii lets the landlord terminate 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, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

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 that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. 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, which in Hawaii is 45 days.

Eviction in Hawaii Month-to-Month Rentals

Hawaii tenants may face eviction for violating a month-to-month lease or remaining 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.

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