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.
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Key Things to Know
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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.
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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
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
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
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
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
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.
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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).