A Hawaii sublease agreement gives a tenant the authority to rent all or part of a unit to another person while the original lease continues to guide the arrangement. This document supports a smooth transition between tenants, keeps the subtenant aligned with the original lease terms, and ensures rental activity remains legally compliant.
Does a tenant need a landlord’s permission to sublease in Hawaii?
Hawaii law does not include any statute that directly covers subleasing, so a tenant must follow the rules outlined in the original lease. Most landlords choose to require written approval before a tenant brings in a subtenant.
Landlords should address subleasing in their Hawaii lease agreement by using a legally reviewed lease agreement builder to create a contract that reflects their expectations.
Information to Include in a Hawaii Sublease
Landlords should approach every sublease with the same structure and expectations used for a standard lease. The following points outline the key information landlords should include within a Hawaii sublease:
Names of landlord and sublessor: This section lists the property owner and the tenant who creates the sublease, so both parties stay clearly identified throughout the agreement.
Rental unit address: Include the complete address of the rental property to confirm which unit is covered under the sublease and prevent any confusion.
Length of the sublease agreement: Specify the start and end dates of the sublease to set firm expectations and reduce the chance of disputes over the timeline.
Rent amount: Note the monthly rent the subtenant must pay, along with any added charges that apply under the original lease terms.
Division of utilities: Detail how the landlord, sublessor, and subtenant divide utility costs. Property owners can also use a landlord-tenant utility agreement for clearer guidance.
Security deposit information: Describe the deposit amount, how the landlord will manage it, and the conditions for its return based on Hawaii security deposit laws.
Maintenance protocols: Describe how the landlord and sublessor will coordinate repairs, routine upkeep, and communication about any issues with rental property maintenance.
Property policies: List rules on noise, guests, parking, and other conduct so the subtenant understands the standards that govern the property.
Early termination terms: Explain when a subtenant may end the agreement, the notice required, and any fees the landlord or sublessor chooses to apply.
Landlord’s right to entry: Clarify when the landlord may enter the rental property, along with notice requirements and valid reasons for access during the sublease.
Renter’s insurance: State whether the subtenant must carry coverage, the type required, and how it protects the property owner and the original tenant.
Landlord’s consent to sublease: Confirm the landlord’s approval of the arrangement and outline any conditions the property owner sets before the sublease begins.
Subtenant obligation to comply with master lease: Make clear that the subtenant must follow every rule in the original lease so the rental stays aligned with the landlord’s expectations.
Move-in condition checklist: Use a written checklist to document the unit’s condition at the start of the sublease, or include a detailed move-in condition report for stronger protection.
Emergency contact information: Provide direct contact details for the landlord and sublessor so the subtenant knows who to reach during urgent situations.
Guest policy: State the rules for guests, including any limits or notice requirements, to prevent confusion during the sublease term.
Copy of master lease: Attach the full original lease so the subtenant understands the rules and obligations that guide the rental.
Signatures: Have the landlord, sublessor, and subtenant sign the agreement, or allow each party to e-sign the document when needed.
Additional attachments: Add any supporting documents, such as disclosures, addenda, or inspection records, that help define the sublease.
Taxes Implications for Short-Term Subleases
Hawaii treats any rental lasting fewer than 180 days as a transient accommodation, which means the Transient Accommodations Tax and the General Excise Tax apply. These taxes fall on the party operating the rental, so a sublessor offering a short-term sublease may owe percentage-based taxes on that income (Hawaii Revised Statutes 237D).
Hawaii landlords should review the short-term lodging tax rules in their jurisdiction, since rates and requirements differ across the state.
For example, on O’ahu, a sublessor may be required to pay:
- General Excise Tax – 4.5%
- Transient Accommodation Tax – 10.25%
- O’ahu Transient Accommodation Tax – 3%
