The Hawaii rental agreements are legal contracts created when a tenant wishes to use real property in exchange for regular rent payments (usually made monthly). These documents can contain additional terms and conditions for use of the property, but they cannot supersede state law or Hawaii’s landlord-tenant law.
Hawaii Rental Agreement Types
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Common Rental Agreements in Hawaii
- Hawaii Association of Realtors Rental Agreement – this template, for use by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics only. It provides an extensive list of rules and procedures, including specifics that go as far as outlining maintenance rules and regulations.
Hawaii Required Lease Disclosures
- Landlord’s Name & Address (required for all) – All Hawaii leases are required to disclose the contact information for the agent authorized to act on the rental unit’s behalf for the purpose of serving legal notices.
- Move-In Checklist (required for some) Hawaii landlords that intend to charge a security deposit are required to provide an inventory of the rental unit’s condition in the form of a move-in checklist. The prospective tenant must agree and acknowledge the move-in checklist prior to tenancy.
- Lead-Based Paint Disclosure (required for some) – If built before 1978, Hawaii rental properties for rent must include a lead-based paint disclosure, EPA-approved informational pamphlet, and notice of existing hazards in the lease to ensure new tenants are aware of the potential dangers if they encounter lead-based paint.
To learn more about required disclosures in Hawaii, click here.
Hawaii Landlord Tenant Laws
- Warranty of Habitability – In Hawaii, a landlord must provide their tenants with adequate plumbing and safe electrical outlets/wiring. If these or other amenities fall into disrepair, the landlord has 3 days to remedy the reported problem (or 5 days if a government agency requires the repair). Otherwise, the effected tenant may be able to withhold rent payments or perform a repair and deduct.
- Evictions – A Hawaii landlord may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Landlords must provide tenants with prior notice to pay, comply or quit, depending on the type of eviction.
- Security Deposits – Georgia landlords cannot require tenants to pay greater than 1 month’s rent as a security deposit. All security deposits in Hawaii must be returned within 14 days of the end of the lease.
- Lease Termination – To terminate a month-to-month lease, a Hawaii tenant must issue a 28-day notice to the landlord. An early termination without penalty may be possible under certain circumstances such as landlord harassment, uninhabitable condition in their dwelling, domestic violence, etc.
- Rent Increases & Fees – Landlords in Hawaii are free to raise rent as much as they want; however, a 15- or 45-day notice is required before doing so. As for late fees, a Hawaii landlord may only charge up to 8% of the amount due and bounced check fees have a maximum charge of $30.
- Landlord Entry – A Hawaii landlord may enter a tenant’s dwelling if a two days’ advance notice is provided. This excludes entry in emergency situations.
- Settling Legal Disputes – Hawaii landlord-tenant disputes worth up to $5,000 can be settled in the state’s small claims court. While this does not include evictions, all allowed cases are subject to a 6-year statute of limitations.
To learn more about landlord tenant laws in Hawaii, click here.
