A Hawaii standard residential lease agreement details the rights and responsibilities of both parties involved in the rental arrangement of a house, apartment, condominium, or any other dwelling unit.
The landlord-tenant laws and regulations governing residential leases address various aspects of the relationship, including rent increases, security deposits, eviction procedures, habitability standards, and other relevant matters.
- Lease Length Considerations
- Required Disclosures
- Security Deposit
- Rent Payment
- Landlord Resources
- Related Forms
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Lease Length Considerations
- In Hawaii, a lease can be of any length, provided the term is specific and agreed upon in writing by both the landlord and tenant.
- Oral leases are generally limited to terms of no more than one year.
- The maximum length for a standard residential lease agreement is one year. Leases exceeding one year are allowed but must be in writing to be valid.
- In cases with no rental agreement, the tenancy is considered month-to-month by default. If the landlord rents to boarders (i.e., people who rent a part of the residence), the tenancy is considered week-to-week. [1]
Required Disclosures
- Property condition form.
- Identification of landlord or authorized agents.
- Lead-based paint disclosure.
Our Hawaii lease agreement page provides additional details on the specific regulations for landlords and tenants entering a lease.
Security Deposit
- Maximum Amount ($): One month’s rent. [2]
- Returning to Tenant: Within 14 days.
Rent Payment
- Grace Period: None.
- Maximum Late Fee: No specified maximum; any late fee must be explicitly stated in the lease agreement.
- NSF Fee: $30 for a bounced check. [3]
Landlord Resources
- Landlord-Tenant Laws – Residential Landlord-Tenant Code (Hawaii Revised Statutes Division 3 Title 28 Chapter 521).
- Handbook – Hawaii Landlord-Tenant Handbook.
Related Forms
Hawaii Rental Application
View Sources
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- Haw. Rev. Stat. §521-22. https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0022.htm
- Haw. Rev. Stat. §521-44(b). http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0044.htm
- Haw. Rev. Stat. § 490:3-506.5. https://casetext.com/statute/hawaii-revised-statutes/division-2-business/title-27-uniform-commercial-code/chapter-490-uniform-commercial-code/article-3-negotiable-instruments/part-5-dishonor/section-4903-5065-charges-for-dishonored-checks
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