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Hawaii Roommate Agreement

The Hawaii rules that shape the document: the no-landlord-consent default for subletting or assigning to add an occupant, the fair housing selection versus advertising split, and the deposit gap.

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Introduction

A roommate agreement is a private contract between co-tenants who share a home. It is separate from the lease: it does not bind the landlord, does not change who the landlord can collect rent from, and does not give either roommate any right against the landlord that the lease does not already give. In Hawaii, a tenant may sublet the unit or assign the rental agreement to another person without landlord consent unless the written lease says otherwise (Haw. Rev. Stat. Section 521-37); that default makes the added person a subtenant or assignee, not automatically a co-tenant, so their legal relationship to the landlord differs from the original tenant's. Hawaii has no lodger-removal shortcut like California's, no statute giving a tenant an affirmative right to add a roommate, and no joint-and-several rent default. Hawaii's fair housing exemption also splits an owner-occupier's choices from what a roommate-wanted ad may say. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.

Key Things to Know

  1. 1

    Hawaii lets an owner-occupier who rents a room, or up to four rooms, in a home where they live (the statute also reaches certain small owner-occupied buildings, so check the full text of Section 515-4 for your situation) choose a roommate on a protected basis under Haw. Rev. Stat. Section 515-4(a). That exemption reaches only Section 515-3's selection ban. It does not extend to Section 515-16(7)'s separate advertising ban, so a roommate-wanted ad still may not state a preference on those grounds even where the choice itself is exempt.

  2. 2

    Hawaii's default is that a tenant may sublet the dwelling unit or assign the rental agreement to another person without the landlord's consent (Haw. Rev. Stat. Section 521-37(a)). That default produces subtenant or assignee status for the new occupant, not automatic co-tenant status, so their legal relationship to the landlord differs from the original tenant's. A written lease can flip this default and require landlord consent instead (Section 521-37(c)), so check the lease before relying on it.

  3. 3

    Hawaii has no lodger law like California's. No statute lets an owner-occupier remove a single roommate without a formal process, and no statute gives roommates any shortcut to remove each other. Removing an occupant who will not leave should be assumed to require the standard landlord-tenant termination and, if necessary, summary possession process under Haw. Rev. Stat. Chapter 666.

  4. 4

    No Hawaii statute gives a tenant an affirmative right to add a roommate over the landlord's objection, unlike New York's Roommate Law. Adding or excluding a roommate is left to the leaseholder's discretion, subject to the Section 521-37 sublet and assignment default.

  5. 5

    Hawaii sets no default rule on whether co-tenants are jointly and severally liable to the landlord for rent. No statute or reported case addresses it, so the lease controls whatever liability exists, and this agreement should state how the roommates divide responsibility between themselves.

  6. 6

    Hawaii's security deposit statute, Haw. Rev. Stat. Section 521-44, regulates only the landlord's handling of the deposit, capped at one month's rent. It has no mechanism for splitting or returning a jointly funded deposit among roommates, so your agreement needs to set that split.

  7. 7

    Hawaii's added protected classes for roommate selection go beyond the federal list: gender identity or expression, sexual orientation, marital status, ancestry, and HIV infection (Haw. Rev. Stat. Section 515-3). These apply in full outside the narrow owner-occupied exemption.

Key decisions before you file

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

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Hawaii Roommate Agreement (Compact State Terms)

Use this compact set with the full national Roommate Agreement template, which covers general co-tenant terms: parties, rent split, chores, guests, and quiet hours. What follows covers only what Hawaii law changes. This Agreement is between the co-tenants named in it; it is not a lease and does not bind the landlord or alter the lease.

1. Governing Law. This Agreement is governed by the laws of the State of Hawaii, without regard to its conflict-of-laws rules.

2. Subletting or Assigning to Add an Occupant; Landlord Consent. Under Haw. Rev. Stat. Section 521-37(a), a tenant may sublet the unit or assign the rental agreement to another person without landlord consent, unless the written lease requires it (Section 521-37(c)). That default makes the added occupant a subtenant or assignee, not automatically a co-tenant, so their legal relationship to the landlord differs from the original tenant's. This default does not apply to a government-subsidized tenancy (Section 521-37(b)). Check the lease first; this Agreement does not expand any right against the landlord beyond what Section 521-37 and the lease allow.

3. No Lodger Law; No Self-Help Removal. Hawaii has no statute comparable to California's owner-occupier lodger law, and no statute gives the leaseholder or a co-tenant a shortcut to remove a Roommate. Removing an occupant who will not leave should be assumed to require the standard landlord-tenant termination process and, if necessary, summary possession proceedings under Haw. Rev. Stat. Chapter 666. No Party shall change the locks, remove another Party's belongings, shut off utilities, or attempt self-help removal.

4. Rent Liability Among Roommates. No Hawaii statute or case sets a default rule on whether co-tenants are jointly and severally liable to the landlord for rent. Whatever liability exists is governed by the lease. As between themselves, the Parties agree each Roommate is responsible for this share of total rent: [insert each Roommate's share].

5. Security Deposit Between Roommates. Haw. Rev. Stat. Section 521-44 governs only the landlord's handling of a deposit, capped at one month's rent; it has no mechanism for allocating a Roommate's share of a jointly funded deposit. The Parties agree the deposit shall be contributed and, on move-out, divided among themselves as follows: [insert split and process].

6. Roommate Selection; Fair Housing. Within the owner-occupied exemption in Haw. Rev. Stat. Section 515-4(a), covering a building with two or fewer housing accommodations where the owner or lessor resides in one, or a room, or up to four rooms, rented within a housing accommodation where the owner or lessor resides, an owner or lessor may select a Roommate on a basis Section 515-3 would otherwise restrict. That exemption does not extend to Section 515-16(7), Hawaii's separate advertising ban, so no roommate-wanted advertisement may state a preference based on race, sex, gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or HIV infection, even where selection itself is exempt.

7. No Local Overlay. No Hawaii county ordinance materially altering the state roommate-selection or removal rules was identified. State law governs unless the Parties' own lease or building rules provide otherwise.

8. Execution. This Agreement is effective when signed by all Roommates. Signatures alone bind the Roommates to each other; notarizing is optional and is not required for this Agreement to work between the Parties.

This compact Hawaii set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Hawaii Requirements for Roommate Agreement

Hawaii Sublet and Assignment Default for Adding an Occupant

Haw. Rev. Stat. Section 521-37(a) lets a tenant sublet the unit or assign the rental agreement to another person without landlord consent, unless the written lease requires consent (Section 521-37(c)). That default makes the new occupant a subtenant or assignee, not automatically a co-tenant. This default does not apply to a government-subsidized tenancy (Section 521-37(b)). Direct the reader to check the lease before relying on it.

Hawaii Has No Lodger Law or Roommate Removal Shortcut

No Hawaii statute lets a leaseholder or co-tenant remove a roommate without the standard landlord-tenant termination and summary possession process under Haw. Rev. Stat. Chapter 666. Do not include or imply any self-help removal right.

Hawaii Sets No Joint-and-Several Rent Default

No Hawaii statute or case addresses whether co-tenants are jointly and severally liable for rent. The roommate agreement should state each roommate's share explicitly, separate from whatever liability the lease creates toward the landlord.

Hawaii Does Not Apportion the Security Deposit Among Roommates

Haw. Rev. Stat. Section 521-44 governs only the landlord's handling of a security deposit, capped at one month's rent, with no mechanism for splitting it among roommates. Include a clause setting each roommate's contribution and the move-out division.

Hawaii Fair Housing Exemption Covers Selection, Not Advertising

Haw. Rev. Stat. Section 515-4(a) exempts an owner-occupier's roommate selection (two or fewer units with owner residing in one, or a room or up to four rooms where the owner resides) from Section 515-3's selection ban, but not from Section 515-16(7)'s advertising ban. State this split clearly and list Hawaii's added protected classes: gender identity or expression, sexual orientation, marital status, ancestry, and HIV infection.

No Hawaii Local Overlay Identified

No Honolulu or other Hawaii county ordinance materially altering the state roommate-selection or removal rules was identified. No city-specific clause is needed for Hawaii.

Frequently Asked Questions

Yes. A Hawaii roommate agreement is a private contract between co-tenants, enforceable like any other contract under Hawaii law. It does not bind the landlord and does not change the lease; it only governs the relationship between the roommates who sign it.

No. Hawaii has no lodger law like California's and no statute giving a leaseholder or a co-tenant a shortcut to remove a roommate. Removing an occupant who will not leave should be assumed to require the standard landlord-tenant termination process and, if necessary, summary possession proceedings under Haw. Rev. Stat. Chapter 666. Do not attempt self-help removal.

No. Hawaii has no statute like New York's Roommate Law giving a tenant an affirmative right to add an occupant over the landlord's objection. If the written lease prohibits subletting or assignment, that term controls.

No Hawaii statute or reported case sets this default. Whatever liability exists runs through the lease with the landlord. Your roommate agreement should state, separately, how each roommate divides responsibility if one stops paying.

No. Haw. Rev. Stat. Section 521-44 only tells the landlord how to hold and account for a security deposit, capped at one month's rent. It has no mechanism for dividing that money among multiple tenants, so your roommate agreement should set the split yourselves.

Only within a narrow exemption. Haw. Rev. Stat. Section 515-4(a) lets an owner or lessor who lives in the home choose a roommate on an otherwise protected basis when renting a room, or up to four rooms, or in a building with two or fewer units. That exemption does not cover a roommate-wanted advertisement, which remains fully restricted under Section 515-16(7).

No Honolulu or other Hawaii county ordinance materially changing the state roommate-selection or removal rules was identified. State law under Haw. Rev. Stat. Chapters 515 and 521 is what applies.

No. A roommate agreement is a separate contract between co-tenants; it cannot alter the lease or bind the landlord. Any term that conflicts with the lease, such as whether landlord consent is needed for a new occupant, is controlled by the lease, not this agreement.