Most Commonly Used Hawaii Lease Agreement
The most commonly used Hawaii lease agreements are commercial lease agreements and residential agreements. Residential lease agreements are broken down into standard lease agreements (which last one year), month-to-month lease agreements, lease to own agreements, roommate agreements, and sublease agreements. All Hawaii residential lease agreements must comply with Hawaii landlord-tenant law: The Residential Landlord-Tenant Code.
Although the most commonly used Hawaii lease agreements share many of the same key elements, they also have their own features. For example:
- A roommate agreement is a type of residential lease agreement. So, while it has all of the same provisions as a residential lease, it will also explain which areas are for the exclusive use of the roommate and which areas are considered as communal and for use of all occupants.
- A standard residential lease agreement generally lasts for one year. At its end, it could renew as a month-to-month contract or it could renew for another year. However, both versions of the lease agreement will likely have a provision that either party must provide a 30-day notice if they do not plan to renew the lease when it ends.
How to Write a Hawaii Lease Agreement
Hawaii lease agreements must follow Hawaii landlord-tenant laws. If they don’t, they will not be upheld in court. There are other laws that must also be considered. You’ll learn more about some of those under the sections related to disclosures and the security deposits.
Before you sign a Hawaii lease agreement, make sure you read it or have it reviewed by an attorney.
A Hawaii lease agreement requires:
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Names of the Parties - This is the landlord's full name or the property management company's legal business name and the full name of the tenant(s).
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Property Address - This is the full address for the leased space or rental property. It should include the city, zip code, and lot or unit number, if applicable.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fees - Here, list any applicable fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of deposit that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental. This should include the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
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Occupants - This includes the full name of each tenant must be listed even if they are a minor or are not signing the lease for some reason. This part of a Hawaii residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section notes which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishings - This section tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section lists the names of both the landlord or the property manager and tenant along with their full mailing address. This contact information should be used if the parties need to send out a notice to the other party for some reason.
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Eviction - This section explains how eviction proceedings would be carried out in the event of nonpayment or a breach of other lease terms.
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Additional Terms - Here, list any other obligations that the parties agreed to that haven't been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in a Hawaii Lease Agreement?
When entering a Hawaii rental lease agreement, the landlord must provide an inventory checklist. It documents the condition of the premises as well as any included furnishings or appliances. The landlord must disclose the identity of any manager or agent who may act or be on the property on behalf of the landlord. The landlord must also provide their tax excise number because low-income individuals may be eligible for a tax credit. Hawaii state law requires that landlords give two days' notice to tenants prior to entering the property for scheduling appointments.
Under federal law, if a residential unit was built before 1978, the landlord must provide a lead-paint disclosure.
What You Need to Know About Hawaii Lease Agreement Deposits
Under Hawaii law, landlords may not require tenants to pay more than one month's rent as a security deposit. However, they may charge an extra deposit for pets. The landlord must return the security deposit within 14 days from the date that the lease ends.
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