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What Is a Hawaii Month-to-Month Lease Agreement?

A Hawaii month-to-month lease is a short-term rental agreement between the landlord and tenant. A month-to-month tenancy renews at the beginning of each month. Although this type of rental lease agreement technically lasts for only 30 days, the parties may find it so beneficial that they may decide to make the arrangement indefinite.

A month-to-month lease must comply with Hawaii landlord-tenant laws. Additionally, it should include the same provisions as a fixed-term rental lease agreement, including:

  • The amount of the monthly rent and when it is due
  • The amount of the late fee
  • The amount of the security deposit
  • Rent increase information
  • Whether subletting the rental property is allowed according to the residential lease agreement
  • The occupancy information for the rental unit
  • The parking policy
  • The pet policy
  • The notice period for lease termination for move out
  • How to deliver a written notice
  • Eviction information

What Laws Apply to Hawaii Month-to-Month Lease Agreements?

Hawaii Revised Statutes Chapter 521 Residential Landlord-Tenant Code governs month-to-month lease agreements. Under §521-44, a landlord cannot charge more than one month’s rent as a security deposit unless the landlord and tenant agree to more in writing; and the tenant provides the landlord with (forty-five) 45 days’ notice that they will be vacating the premises. The landlord can retain the security deposit to repair damages caused by the tenant that exceeds normal wear and tear, for nonpayment of rent, if the renter does not return the keys to the real estate, to clean the rental property, or as compensation, if the tenant leaves the property without proper notice. If the landlord keeps some or all of the security deposit, they must provide the renter with an itemized list of costs or estimates within 14 days.

To better understand state laws and federal laws, landlords and property managers should seek legal advice regarding month-to-month rental agreements.

Terminating a Hawaii Month-to-Month Lease Agreement

According to §521-71, the notice period for lease termination for a Hawaii month-to-month lease depends on whether the party providing the written notice is the landlord or the tenant. Landlords must provide a (forty-five) 45-day written notice. Tenants must provide a 28-day written notice.  

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Hawaii Month to Month Lease Agreement

Hawaii Lease Agreement

Hawaii Rental Application

Hawaii Rent Receipt