Grab our FREE Hawaii residential sublease agreement sample and read further about subletting laws in Hawaii, required disclosures, optional addendums and what other Hawaii landlord tenant laws apply to residential sublease agreements.
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What is a Sublease Agreement?
When an individual is not able to uphold their part of the lease agreement because they need to relocate for a job or another reason, a sublease agreement is often used as a solution to this issue. This is a type of contract that is put into place between the original tenant and a new one. It allows the original tenant to pass of the unit that they have rented without breaking the terms of their lease. In this situation, the original tenant will become the sublessor while the new tenant becomes the sublessee.
All of the rules and responsibilities of the original lease is transferred to the new tenant, and they will need to take over paying the rent on time, taking care of the space, and making repairs when they are required. If rent is not paid on time, the original tenant will still be held responsible for the amount that is due in the eyes of the law, so make sure to specify in the arrangement the penalty for paying late and when it will be added to the rental amount that is owed. The terms of the lease are not void because a new tenant moves in, if anything happens to terminate the arrangement between the landlord and the original tenant, the sublessee may not have any grounds or legal claim to continue living in the unit.
In addition to the rent that is owed each month, the sublessee is going to need to pay for the utilities that are due for the unit that they are living in as well. Sometimes, in the state of Hawaii, the original tenant will opt to keep the utilities in their name, especially if the terms of the sublease agreement are not very long. If this is the case, the original tenant will want to do a background check before signing a contract with a new tenant. The sublessor will be responsible for the actions of the sublessee, so it is imperative that they are a good fit for the property. Having loud parties and disturbing the neighbors will reflect back on the sublessor, and it can terminate the terms of the rental agreement.
Not all landlords and property managers will allow sublease agreements to be used with their property, but if it is prohibited, there is likely to be a clause about it in the original rental agreement. If this type of arrangement is permitted by the landlord, they will likely want to approve the new tenant for residence and the terms of the sublease agreement. If the landlord required the new tenant to provide a security deposit, it should be noted in the original lease as well.
How to Write a Sublease Agreement
When writing a sublease agreement in the state of Hawaii, the sections that will need to be added to the agreement include:
Indicate the Parties
When writing a sublease agreement, the first thing that should be defined in the document is the parties that the agreement is referring to. Typically, the new tenant is listed first in the document, and the second line will be set aside for the original tenant. The information that will be required here includes the full name of both of the aforementioned parties, their current address, and a phone number where they can be reached. As an alternative means of contact, an email address may be requested as well.
Additionally, the address and phone number for the landlord and the management company will need to be listed in this section as well. This is so that the new tenant knows where and how to reach them if they need to contact them for any reason.
A Description of the Property
Below the names of the parties, there will be space to define the property that is being subleased. The full address of the unit should be listed in this section as well as any damage that is currently already present on the premises. If the sublessor has decided to leave any furniture behind in the unit for the new tenant to use, it should be listed here as well as whether or not is should be returned upon vacancy of the unit.
The Rental Agreement and Security Deposit
Next, the terms of the new arrangement are described in the next section. This section will state the dates of the sublease arrangement as well as the dates of the original lease. The steps that the sublessee will need to take in order for the agreement to be renewed, and whether or not they will be permitted to take over the actual lease when the current lease ends.
Make sure to include the amount of rent that is to be paid to the landlord each month and the location where it should be dropped off. Include whether or not there is going to be a late fee added to what is owed if the rent is received past a certain day in the month. Make sure to also mention the security deposit that will be required of the new tenant. In the state of Hawaii, the maximum amount for a security deposit is the amount that is paid for a month’s rent.
Rules for the Unit
This is a section that is used to define additional rules for the unit that the sublessee will need to know about before moving in. This can include things like a noise policy, a pet policy, a smoking policy, or other rules that were stated in the original lease. Disclosures that were included in the original lease should also be included in the sublease agreement so that the new tenant has all of the same information as the original tenant did moving in.
Signature and Consent
In this document, the final section that will need to be completed is the signature section. Both parties will need to sign their name and date the document. If the landlord has requested their consent for this type of arrangement, add a space at the bottom of the document for them to sign it as well.