DocDraft Logo

Hawaii Residential Lease Agreement

Hawaii residential lease agreement: deposit capped at 1 month's rent plus a pet deposit, returned within 14 days. Free template, attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms for renting a home: the rent amount, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy ends. In Hawaii the Residential Landlord-Tenant Code, Haw. Rev. Stat. Chapter 521, governs most of these terms. A landlord may charge a security deposit of up to one month's rent, plus a separate pet deposit of up to one additional month's rent if a pet is allowed, and must return the deposit, minus any itemized deductions, within 14 days after the tenancy ends (Haw. Rev. Stat. Section 521-44). Before move-in the landlord must disclose in writing the name and address of the person managing the property and of the owner, and must complete a signed move-in condition inventory (Haw. Rev. Stat. Sections 521-42 and 521-43). Federal law also requires a lead-based paint disclosure for housing built before 1978. Except in an emergency or where impracticable, the landlord must give at least two days notice before entering (Haw. Rev. Stat. Section 521-53). Late fees, when the lease allows them, cannot exceed 8 percent of the rent due, and Hawaii sets no statutory grace period (Haw. Rev. Stat. Section 521-21). Attorney review is available as an option before either party signs.

0/5000

Key Things to Know

  1. 1

    A residential lease agreement is a contract that sets the rent, term, deposit, and rules for renting a home, and spells out how either side can end it.

  2. 2

    The security deposit is capped at one month's rent, plus an optional pet deposit of up to one additional month's rent, and the landlord must return it, minus any itemized deductions, within 14 days after the tenancy ends (Haw. Rev. Stat. Section 521-44).

  3. 3

    The landlord must disclose in writing, before or at the start of the tenancy, the name and address of the property manager and the owner, and, if the owner lives off-island, must name a resident agent on the same island (Haw. Rev. Stat. Section 521-43).

  4. 4

    Before the tenant moves in, the landlord must complete a written move-in condition inventory, signed by both landlord and tenant, with a copy given to the tenant (Haw. Rev. Stat. Section 521-42).

  5. 5

    Except in an emergency or where impracticable, the landlord must give the tenant at least two days notice before entering, and may enter only during reasonable hours (Haw. Rev. Stat. Section 521-53).

  6. 6

    A late fee, if the lease allows one, cannot exceed 8 percent of the rent due, and Hawaii law does not set a statutory grace period before a late fee applies (Haw. Rev. Stat. Section 521-21).

  7. 7

    There is no statewide rent control or just-cause eviction law in Hawaii. For a month-to-month tenancy, the landlord must give 45 days written notice to end it and the tenant must give 28 days; a rent increase requires 45 days notice for a month-to-month tenancy or 15 days for a shorter one (Haw. Rev. Stat. Sections 521-21 and 521-71).

Key decisions before you file

Before you file a Residential Lease Agreement in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

Customize your Residential Lease Agreement Template with DocDraft

HAWAII RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (the 'Agreement') is a legally binding contract between the landlord (lessor) and the tenant (lessee) setting the terms under which the tenant rents the landlord's residential property.

  1. PARTIES AND PREMISES Landlord: [LANDLORD NAME], of [ADDRESS]. Tenant: [TENANT NAME]. The landlord leases to the tenant the residential premises located at [RENTAL ADDRESS], State of Hawaii (the 'Premises').

  2. TERM This Agreement is for a [fixed term of ___ months / month-to-month tenancy] beginning on [START DATE] [and ending on END DATE].

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month. If the Agreement allows a late fee, it shall not exceed 8 percent of the rent due, the cap set by Haw. Rev. Stat. Section 521-21; Hawaii law sets no statutory grace period, so any grace period must be stated here: [GRACE PERIOD, IF ANY].

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT], not to exceed one month's rent, plus, if a pet is allowed, a pet deposit not to exceed one additional month's rent (Haw. Rev. Stat. Section 521-44). The deposit, less any itemized deductions the landlord documents in writing with supporting cost evidence, will be returned within 14 days after the tenancy ends. No part of the deposit is last month's rent unless the parties agree to that in writing.

  5. DISCLOSURES Landlord discloses: (a) federal lead-based paint disclosure if the Premises was built before 1978 (42 U.S.C. 4852d); (b) the name and address of the person managing the Premises and of the owner (Haw. Rev. Stat. Section 521-43(a)); (c) if the owner resides outside Hawaii or on another island, the name of an on-island resident agent (Section 521-43(f)); (d) landlord's general excise tax number, for the tenant's low-income tax credit filing (Section 521-43(h)). Before occupancy, landlord and tenant shall complete and sign a written move-in condition inventory of the Premises, with a copy to tenant (Section 521-42).

  6. ENTRY Except in an emergency or where impracticable, landlord shall give tenant at least two days notice before entering and shall enter only during reasonable hours (Haw. Rev. Stat. Section 521-53).

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and use it only as a residence. Landlord shall maintain the Premises in a fit and habitable condition as Hawaii law requires.

  8. TERMINATION For a month-to-month tenancy, landlord must give tenant at least 45 days written notice to terminate, and tenant must give landlord at least 28 days (Haw. Rev. Stat. Section 521-71). A rent increase requires at least 45 days written notice for a month-to-month tenancy, or 15 days for a shorter tenancy (Section 521-21). A tenant who remains after termination without consent may be liable for up to twice the monthly rent, prorated daily (Section 521-71(e)).

SIGNATURES

[LANDLORD NAME], Landlord Date: [DATE]

[TENANT NAME], Tenant Date: [DATE]

Note: This Agreement is governed by the Hawaii Residential Landlord-Tenant Code, Haw. Rev. Stat. Chapter 521. This is a Hawaii skeleton for a residential lease agreement. For the complete, customizable template, see the full Residential Lease Agreement template.

Hawaii Requirements for Residential Lease Agreement

Security Deposit Cap and Optional Pet Deposit

A Hawaii landlord may charge a security deposit of up to one month's rent, plus a separate pet deposit of up to one additional month's rent if a pet is allowed under the lease (Haw. Rev. Stat. Section 521-44). No pet deposit applies to a service or assistance animal kept as a disability accommodation.

14-Day Deposit Return With Written Itemization

The landlord must return the security deposit, minus any deductions, within 14 days after the tenancy ends. If the landlord retains any part, the landlord must give the tenant written notice itemizing the grounds and costs; failing to do so within 14 days forfeits the landlord's right to retain any of the deposit (Haw. Rev. Stat. Section 521-44).

Landlord and Owner Disclosure

Before or at the start of the tenancy, the landlord must disclose in writing the name and address of the person managing the premises and of the property owner, and provide the landlord's general excise tax number for the tenant's low-income tax credit filing (Haw. Rev. Stat. Section 521-43(a), (h)).

Off-Island Owner Resident Agent Designation

If the owner or landlord resides outside Hawaii or on another island from the rental unit, the written rental agreement must designate an agent residing on the same island as the unit to act on the owner's behalf (Haw. Rev. Stat. Section 521-43(f)).

Signed Move-In Condition Inventory

Before the tenant's initial occupancy, the landlord must inventory the premises in writing, detailing the condition of the unit and any furnishings or appliances, and both landlord and tenant must sign it, with a copy given to the tenant (Haw. Rev. Stat. Section 521-42(a)).

At Least Two Days Notice Before Entry

Except in an emergency or where giving notice is impracticable, the landlord must give the tenant at least two days notice before entering the premises and may enter only during reasonable hours (Haw. Rev. Stat. Section 521-53).

Late Fee Capped at 8 Percent, No Statutory Grace Period

If the lease allows a late fee for rent not paid when due, the fee cannot exceed 8 percent of the amount of rent due. Hawaii law sets no statutory grace period before a late fee can apply, so the lease should state its own grace terms if any (Haw. Rev. Stat. Section 521-21).

Month-to-Month Termination and Rent-Increase Notice

For a month-to-month tenancy, the landlord must give at least 45 days written notice to terminate and the tenant at least 28 days (Haw. Rev. Stat. Section 521-71). A rent increase requires at least 45 days written notice for a month-to-month tenancy, or 15 days for a shorter tenancy; Hawaii has no statewide rent control or just-cause eviction law (Haw. Rev. Stat. Section 521-21).

Frequently Asked Questions

A Hawaii lease should identify the landlord and tenant, the rental address, the rent amount and due date, the term, and the security deposit terms. It must also include the disclosures Hawaii requires: the manager's and owner's name and address, an off-island resident agent if the owner lives elsewhere, and, before move-in, a signed condition inventory of the premises (Haw. Rev. Stat. Sections 521-42 and 521-43).

A Hawaii landlord can charge a security deposit of up to one month's rent, plus a separate pet deposit of up to one additional month's rent if the lease allows a pet. The deposit, minus any itemized deductions the landlord documents in writing, must be returned within 14 days after the tenancy ends (Haw. Rev. Stat. Section 521-44).

Yes. You can generate a Hawaii residential lease agreement template at no cost using the fields on this page, then customize it for your rental. Attorney review is available afterward as an optional add-on before you sign, not an automatic step.

No. Hawaii's Residential Landlord-Tenant Code, Haw. Rev. Stat. Chapter 521, does not require a lease to be notarized or witnessed to be valid. The landlord and tenant simply sign the agreement, and both should keep a signed copy.

Generally no. Except in an emergency or where giving notice is impracticable, a Hawaii landlord must give the tenant at least two days notice of an intent to enter and may enter only during reasonable hours (Haw. Rev. Stat. Section 521-53).

A Hawaii landlord must disclose in writing the manager's and owner's name and address, name an on-island resident agent if the owner lives off-island, provide a general excise tax number for the tenant's low-income tax credit filing, and complete a signed move-in condition inventory (Haw. Rev. Stat. Sections 521-42 and 521-43). Federal law separately requires a lead-based paint disclosure for pre-1978 housing.

Either party can end a Hawaii month-to-month tenancy with written notice: the landlord must give at least 45 days and the tenant at least 28 days (Haw. Rev. Stat. Section 521-71). A rent increase on a month-to-month tenancy requires at least 45 days written notice, or 15 days for a tenancy shorter than month-to-month (Haw. Rev. Stat. Section 521-21).

If the lease allows a late fee, Hawaii law caps it at 8 percent of the rent due (Haw. Rev. Stat. Section 521-21). The statute does not set a grace period before the fee can apply, so the lease itself should state when rent is late.