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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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.
- 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, safe electrical outlets, and sanitation facilities at all times. If these or other amenities fall into disrepair, the landlord has 15 days to remedy the reported problem. Otherwise, the effected tenant may be able to withhold rent payments or seek to perform a repair and deduct.
- Evictions – If a Hawaii tenant fails to pay rent (5-day notice), commits an illegal act (5-day notice), or breaks a lease term (10-day notice), they may be legally evicted. In total, this process usually takes 2 or more weeks.
- Security Deposits – Georgia landlords cannot require tenants to pay greater than the value of 1 month’s rent as a security deposit. All security deposits in Hawaii must be returned within 14 days of a lease’s conclusion, however.
- Lease Termination – To terminate a month-to-month lease, a Hawaii landlord must issue a 28 day notice to the effected tenant. Meanwhile, a Hawaii tenant can only request an early termination if they supply proof of active military duty, landlord harassment, or an uninhabitable condition in their dwelling.
- Rent Increases & Fees – Landlords in Hawaii are free to raise rent as much as they want. However, 45 days before doing so, they must issue notice of their intent. As for fees, a Hawaii landlord is fairly free to charge what fees they want at a financial level they choose. This excludes bounced check fees, which cannot be worth more than $30.
- Landlord Entry – A Hawaii landlord may enter a tenant’s dwelling for a number of reasons, so long as they always provide 2 days of advance notice. This excludes entry in emergency situations, though.
- 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.
