Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Hawaii, residential lease documents—including their structure, nature, and contents—are regulated by Hawaii landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a lease agreement Hawaii considers complaint, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free, simple lease agreement Hawaii considers compliant for download!
A Hawaii lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to Hawaii landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Hawaii lease agreement. Keep in mind that these components primarily apply to residential leases; a Hawaii commercial lease agreement will necessarily have different requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. There are no statewide rent control laws in Hawaii. This means landlords can choose their own rental rates based on the current market. However, individual islands, counties, or cities in Hawaii may have their own regulations or restrictions on the price of rent, so be sure you’re aware of which laws apply in your region.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. In Hawaii, late fees are limited to 8% of the amount due (HRS § 521-21(f)). Be sure your Hawaii rental lease agreements include a clear description of the landlord’s late fee policy so that tenants know exactly what will happen if they are late on rent.
Security Deposit
This section of the lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
The maximum or limit for security deposits in Hawaii is one month’s rent (HRS § 521-44(b)). Pet deposits can be no greater than an additional one month’s rent. Additionally, Hawaii law also dictates that landlords must return the security deposit to tenants (minus any deductions) within 14 days after the lease ends (HRS § 521-44(c)). Be sure your Hawaii lease agreement includes a thorough description of the security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld from it.
Required Disclosures
This section encompasses crucial required disclosures, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. These required disclosures must be included in a lease agreement Hawaii considers compliant, or else provided to the tenant in a separate written notice.
In Hawaii, the required disclosures are:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
- Landlord/agent identification – Landlords in Hawaii must disclose the name and address of the person authorized to manage the premises and receive notices.
- Property condition — Hawaii landlords are required to provide a written record of the property’s condition prior to the beginning of each tenancy.
Landlord Right to Entry
In Hawaii, there are specific laws governing when a landlord can enter a rental property. Landlords in Hawaii must provide at least two days’ notice before entering an occupied unit for non-emergency reasons (HRS § 521-53(b)). Additionally, landlords should only enter at reasonable times (typically interpreted as daylight or business hours). Be sure to include the landlord’s right of entry in every Hawaii rental lease agreement.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Hawaii residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
A Hawaii residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in Hawaii, landlords must send eviction notices of specified lengths: A five-day notice to pay or quit for nonpayment, a ten-day notice to cure or quit for lease violations, or an immediate unconditional notice to quit for severe damage. These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Hawaii Lease Agreement Download
To make your leasing journey simpler, we offer a downloadable simple lease agreement Hawaii considers compliant. This template is tailored to meet the specific requirements of Hawaii state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of a Hawaii residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of a Hawaii lease. To get started on the right foot, download our free Hawaii lease template and ensure a transparent, lawful, and satisfying rental experience.
