Housing in Hawaii doesn’t always come with a long timeline. With a higher cost of living and limited inventory, many rental arrangements operate on a month-to-month basis in the Aloha State.
A Hawaii month-to-month lease agreement renews each month until either the landlord or the tenant gives notice to terminate. This type of rental agreement, also known as a tenancy at will, offers more flexibility while still providing the protections and stability afforded by state law.
Disclosures (4)
Hawaii requires landlords to disclose specific information to their tenants before signing a lease. These disclosures help keep everyone on the same page and eliminate guesswork.
- Lead-based paint: Federal law requires landlords to provide any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also give their tenant a copy of the EPA’s lead safety pamphlet.
- Landlord and designated on-island agent information: If landlords do not live on the island, their lease template must include the name and contact information of the on-island agent designated to manage the property (Haw. Rev. Stat. § 521-43(f)).
- Excise tax number: If applicable, landlords must provide their tenant with their excise tax number to take any necessary steps toward obtaining a low-income tax credit (Haw. Rev. Stat. § 521-43(h)).
- Move-in report: Before signing a rental contract, landlords must provide their tenant a detailed report of the unit’s current condition, including any existing issues or damages (Haw. Rev. Stat. § 521-42(6)).
Optional Disclosures and Addenda
Legally, landlords don’t have to include these disclosures with their lease agreement; however, including them provides transparency that can help prevent potential disputes down the road.
Asbestos: Informs tenants of any asbestos present in the unit and offers tips to minimize exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Outlines the fees for late or returned rent checks. In Hawaii, landlords may charge up to 8% of the monthly rent as a late fee. State law caps returned check fees at $30 per check (Haw. Rev. Stat. § 490:3-506.5).
Medical marijuana use: Details the policy for the use of medical marijuana in the unit (Haw. Rev. Stat. § 521-39).
Mold: Informs tenants of any known mold in the unit and provides information on treatment options. The mold disclosure also reminds tenants of their obligation to report any mold they find immediately.
Non-refundable fees: Details any non-refundable fees landlords charge during the tenancy.
Shared utilities: If the unit shares a utility meter with another unit or with a common area, landlords should disclose how they divide and calculate utility costs.
Smoking: Explains the smoking policy in the unit and points out any designated smoking areas on the property.
Additional Hawaii Month-to-Month Lease Laws
Other state laws apply to their month-to-month lease agreement in Hawaii. Here’s what landlords need to know.
Notice to Terminate a Month-to-Month Agreement
Since there is no specified end date for the contract, a key aspect of a Hawaii month-to-month lease agreement is the notice landlords and tenants must give to terminate it.
Required notice for tenant: Tenants must give at least 28 days’ notice to terminate the agreement (Haw. Rev. Stat. § 521-71).
Required notice for the landlord: Hawaii landlords must give at least 45 days’ written notice to terminate the agreement (Haw. Rev. Stat. § 521-71).
Laws Governing Rent Increases
Hawaii does not have statewide rent control or stabilization laws, meaning landlords can increase rents by any amount they deem necessary. However, there are certain rules landlords must still follow.
In Hawaii, a rent increase is treated as a change in lease terms, which means landlords must give at least 45 days’ written notice before the increase takes effect (Haw. Rev. Stat. § 521-21(d)).
Lease Violations and Eviction
If their tenant violates their lease agreement, these Hawaii laws help landlords get back on track.
Missed rent payment: If the tenant misses a rent payment, landlords may issue a 5-day Notice to Pay or Quit (Haw. Rev. Stat. § 521-68(a)).
Lease violation: For other lease violations, landlords may issue a 10-day Notice to Cure or Quit, allowing their tenant 10 days to correct the issue (Haw. Rev. Stat. § 521-72(a)).
Lease abandonment: If their tenant abandons their lease before the end of its term, they may be financially responsible for the remainder of the lease term (Haw. Rev. Stat. § 521-70(2)).
Self-help evictions: In Hawaii, self-help evictions are illegal. Landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
Hawaii law also sets specific rules about how landlords can charge and collect rent.
Rent control/stabilization: Rent control and stabilization laws do not exist in Hawaii.
Late rent fees: In Hawaii, landlords may charge a fee for late rent. State law allows landlords to charge up to 8% of the monthly rent, and landlords must clearly outline this fee in their lease template (Haw. Rev. Stat. § 521-21(f)).
Grace period: There is no mandatory grace period for late rent in Hawaii (Haw. Rev. Stat. § 521-68(a)).
Tenant’s right to withhold rent: In Hawaii, tenants may withhold up to 1 month’s rent for repairs if the landlord does not make repairs essential to livability within 5 days of receiving notice (Haw. Rev. Stat. § 521-64(b)(2)).
Pet rent laws: Hawaii law does not regulate pet rent. In other words, landlords may charge pet rent, as long as the fee is reasonable and clearly disclosed in the lease template.
Security Deposits
Hawaii landlords often collect security deposits up front from their tenants to cover potential future expenses from unpaid rent or excessive damages.
Maximum amount: Hawaii law allows landlords to charge 1 month’s rent as a security deposit. If their tenant has a pet, landlords may also charge a separate pet deposit (Haw. Rev. Stat. § 521-44(b)).
Deposit receipt: State law does not require landlords to issue a receipt for the security deposit payment.
Interest payments: Hawaii landlords are not required to pay tenants interest on their security deposit payment.
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 14 days of lease termination (Haw. Rev. Stat. § 521-44(b)(2)).
Deductions: Hawaii law permits withholding funds from the security deposit to cover unpaid rent or damages beyond normal wear and tear. If landlords withhold any deductions, landlords must give their tenant an itemized list of the costs when landlords return the security deposit (Haw. Rev. Stat. § 521-44(b)(2)).
Property Access Laws
As a landlord, it’s important to maintain the property, but it’s also important to respect tenants’ right to privacy and quiet enjoyment.
Advance notice: In Hawaii, landlords must give their tenant 2 days’ written notice before entering the property (Haw. Rev. Stat. § 521-53(b)).
Immediate access: In an emergency, landlords may enter the property without notice (Haw. Rev. Stat. § 521-53(b)).
Harassment: By law, landlords may not enter the property without giving notice or without just cause, as this constitutes landlord harassment (Haw. Rev. Stat. § 521-53(b)).
