In Hawaii, renting out a room in your home can look different than on the mainland. Whether you’re sharing space in your single-family home or a multi-generational household, room rentals are a great way to bring in some extra income. That’s where a Hawaii room rental agreement comes in.
A room rental lease agreement in Hawaii helps keep your living arrangement predictable and legally sound. Read on to find out everything you need to know about renting out a room in your Hawaii home.
Room Rental Laws
When it comes to working out the logistics of your room rental, you must first understand Hawaii landlord-tenant law. This particular set of regulations oversees aspects of a Hawaii room rental agreement, including:
- Security deposits
- Rent and fees
- Access and privacy
- Maintenance and habitability
- Lease terms and termination
- Eviction and breaches
You can choose the type of room rental agreement in Hawaii that best suits you.
Different Types of Room Rental Agreements in Hawaii
When selecting the type of room rental agreement that’s best for you and your tenant, keep these things in mind.
Verbal agreement: While not recommended, this type of agreement is a verbal understanding between you and your tenant. Verbal agreements are often difficult to prove or hold up in court.
Fixed-term lease: A fixed-term lease agreement lasts for a specific period, most often 1 year. While this type of agreement offers you greater stability, it provides less flexibility to adjust rent terms.
Month-to-month lease: A month-to-month room rental agreement, also called a tenancy at will, renews each month until you or your tenant gives notice to terminate. While month-to-month arrangements offer more flexibility, they don’t offer the same stability as a fixed-term lease.
Required Landlord Disclosure
As a landlord, you must disclose certain information to your tenants before signing a lease.
Lead-based paint: For any home built before 1978, you must disclose any known information about lead-based paint and its hazards and provide the required EPA pamphlet.
Owner and designated on-island agent information: Your lease must include the name and contact information of the owner and/or the designated on-island agent, if you don’t live on the island (Haw. Rev. Stat. §521-43(f)).
Excise tax number: If applicable, you must provide your tenant with your excise tax number, so they can take the necessary steps toward getting a low-income tax credit (Haw. Rev. Stat. §521-43(h)).
Move-in report: You must give your tenant a detailed report that lists the condition of the room before signing a lease agreement (Haw. Rev. Stat. § 521-42(6)).
Security Deposit Rules
Hawaii law allows you to charge a security deposit to help offset potential expenses related to unpaid rent or excessive damages.
Maximum security deposit: Hawaii landlords may charge up to 1 month’s rent as a security deposit. If your tenant has a pet, you may also charge a separate pet deposit (Haw. Rev. Stat. § 521-44(b)).
Pet deposits: Hawaii law allows you to charge a separate pet deposit of up to 1 month’s rent (Haw. Rev. Stat. § 521-44(b)).
Security deposit receipt: You do not have to issue a receipt for your tenant’s security deposit in Hawaii.
Deduction tracking: Hawaii landlords may deduct funds from a security deposit to cover unpaid rent or damage beyond normal wear and tear. If you withhold funds, you must give your tenants a list of deductions within 14 days of lease termination (Haw. Rev. Stat. § 521-44(b)(2)).
Security deposit return: You must return the tenant’s security deposit, minus any deductions, within 14 days of lease termination (Haw. Rev. Stat. § 521-44(b)(2)).
Rent Payment Rules
When collecting rent, Hawaii has specific laws you must follow.
Late rent fees: In Hawaii, you may charge a fee for late rent payments. The fee should not exceed 8% of the monthly rent, and you must clearly disclose it in your room rental agreement under Hawaii law (Haw. Rev. Stat. §521-21(f)).
Right to withhold rent: Hawaii tenants are allowed to deduct and withhold up to 1 month’s rent if you do not make necessary repairs within 5 days of being given notice. Your tenant should keep track of all expenses incurred (Haw. Rev. Stat. § 521-64(b)(2)).
Grace period: State law does not require you to offer your tenants a grace period for late rent payments (Haw. Rev. Stat. § 521-68(a)).
Pet rent: You may charge a separate pet rent in addition to the deposit; however, your lease agreement must clearly outline the fee.
Rent Payment Increase Rules
As a landlord, you have the right to increase rent as needed, but there are guidelines you must follow.
Rent payment frequency: For fixed-term leases, you cannot increase the rent until the end of the term, unless the room rental agreement in Hawaii states otherwise. For a month-to-month rental agreement, you must give your tenant at least 45 days’ written notice before increasing rent (Haw. Rev. Stat. § 521-21).
Rent payment increase maximum: There are no statewide limits on how much you can increase rent; however, you must still give your tenant proper notice.
Rent control/stabilization: Rent control and stabilization laws do not exist in Hawaii.
Hawaii Room Rental Agreement Breaches
From time to time, you may experience a tenant who violates your lease agreement. Here’s what you need to know to get things back on track.
Failure to pay: If your tenant misses a rent payment, you may issue a 5-day Notice to Pay or Quit (Haw. Rev. Stat. § 521-68(a)).
Lease violations: For other lease violations, you may issue a 10-day Notice to Cure or Quit (Haw. Rev. Stat. §521-72(a)).
Self-help evictions: In Hawaii, self-help evictions are illegal. You should never try to remove a tenant on your own (Haw. Rev. Stat. § 521-63).
Terminating a Hawaii Room Rental Agreement
When it’s time to terminate your Hawaii room rental agreement, follow these guidelines to ensure a smooth and legal process.
Fixed-term: A fixed-term room rental agreement in Hawaii ends on the date specified in the lease. However, certain life events allow a tenant to terminate a fixed-term agreement, including active-duty military service and domestic violence (Haw. Rev. Stat. § § 521-80, 521-83).
Month-to-month: To terminate a month-to-month Hawaii room rental agreement, you must give your tenant at least 45 days’ written notice. Your tenant, however, can terminate the agreement after giving 28 days’ written notice (Haw. Rev. Stat. §521-71).
Tenant’s right to terminate: Tenants may terminate their room rental agreement in Hawaii if they experience certain life events, such as active-duty military service or domestic violence.
Room abandonment: If a tenant abandons their lease early, they are sometimes held financially responsible for the remainder of the lease term (Haw. Rev. Stat. §521-70(2)).
Landlord Access Laws
If you have to enter your tenant’s room for any reason, you must respect their right to privacy and quiet enjoyment.
Advance notice: You must give your tenant at least 2 days’ notice before entering their room (Haw. Rev. Stat. § 521-53(b)).
Immediate access: In an emergency, you may enter the room at any time (Haw. Rev. Stat. § 521-53(b)).
Landlord harassment: Landlords are legally required to respect their tenants’ right to quiet enjoyment of their home. Failure to follow this guideline is considered harassment and sometimes allows your tenant to break their lease early (Haw. Rev. Stat. § 521-53(b)).
Lease Agreement Renewal and Termination
Hawaii also has certain rules you must follow when deciding whether or not to renew your tenant’s room rental agreement.
Required renewals: You are not required to renew a Hawaii room rental agreement at the end of its term.
Required notice: A fixed-term lease will terminate on the set end date, and only 10 days’ notice is required to terminate (Haw. Rev. Stat. §521-71).
Month-to-month considerations: If you do not intend to renew your tenant’s month-to-month room rental agreement in Hawaii, you must give your tenant at least 45 days’ written notice. Your tenant, on the other hand, must give 28 days’ notice if they do not intend to renew (Haw. Rev. Stat. §521-71).
Room Rental Agreement Hawaii FAQs
What to include in a Hawaii room rental agreement?
Your Hawaii room rental agreement should include key details about the rental, including rent and security deposit information, required disclosures, and what happens at move-out.
How do I legally rent out a room?
The easiest way to rent a room in your home is to use a trusted property management software platform to create a legally compliant room rental agreement. You can customize this template with your unique information, including rent amount, house rules, and more.
How to make a Hawaii room rental agreement?
Use software for property management to quickly and easily create a Hawaii room rental agreement. Select a state-specific printable PDF, complete it with your information, and have both parties sign the agreement.
