Hawaii Lease Agreement Create Hawaii Lease Agreement

Hawaii Lease Agreement

Updated Mar 04, 2026 1 Downloads

A Hawaii Lease Agreement is a legal document outlining the terms under which one party agrees to rent property from another party in Hawaii.

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HAWAII LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on the , by and between:

LANDLORD:
Name:
Mailing Address:
(hereinafter referred to as the "Landlord")

AND

TENANT(S):
Name:

(hereinafter referred to collectively as the "Tenant")

I. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the real property and improvements located at:

Address:
City:
State: Hawaii
Zip Code:
(hereinafter referred to as the "Premises").

II. TERM OF LEASE

The term of this Agreement shall be (check one):

III. RENT AND GENERAL EXCISE TAX

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

General Excise Tax (GET):

Total Monthly Payment: $.

Rent is due on the day of each month.

Rent shall be paid by (check all that apply):




Payment instructions:

IV. SECURITY DEPOSIT

Pursuant to HRS Section 521-44(b), the Tenant shall deposit with the Landlord the sum of $ as a security deposit. This amount shall not exceed one month's rent.

The Landlord shall return the security deposit to the Tenant within fourteen (14) days after the termination of the rental agreement, less any deductions for:
1. Failure to pay rent due;
2. Failure to return keys;
3. Cleaning costs to restore the Premises to its condition at the start of the tenancy; and
4. Damages to the Premises beyond normal wear and tear.

If the Landlord retains any portion of the security deposit, the Landlord shall provide the Tenant with a written notice particularizing the deductions and evidence of the costs regarding the retention of the security deposit.

V. INVENTORY AND CONDITION OF PREMISES

Pursuant to HRS Section 521-42, prior to the Tenant moving in, the Landlord and Tenant shall conduct a joint inventory and inspection of the Premises. A written inventory and condition report detailing the condition of the Premises and any furnishings or appliances provided shall be signed by both parties.

The Tenant acknowledges that, except as set forth in the inventory report, the Premises are in good order and repair.

VI. UTILITIES AND SERVICES

The responsibility for payment of utilities and services shall be as follows:

Electricity:

Water/Sewer:

Gas:

Trash Collection:

Cable/Internet:

Landscaping/Yard Maintenance:

Other:

VII. OCCUPANTS AND GUESTS

The Premises shall be occupied only by the Tenant(s) listed above and the following individuals:

Guests may stay on the Premises for a maximum of days in a six-month period. Any guest staying longer than this period requires the Landlord's written consent.

VIII. USE OF PREMISES

The Premises shall be used exclusively as a private residential dwelling. The Tenant shall not use the Premises for any illegal or unlawful purpose. The Tenant agrees to comply with all laws, ordinances, and rules affecting the Premises, including any Condominium or Homeowner Association rules if applicable.

IX. MAINTENANCE AND REPAIRS

Tenant's Obligations (HRS Section 521-51):
The Tenant shall:
1. Keep the Premises clean and sanitary;
2. Dispose of all rubbish, garbage, and waste in a clean and sanitary manner;
3. Keep all plumbing fixtures clean;
4. Use all electrical, plumbing, sanitary, heating, ventilating, and other facilities in a reasonable manner;
5. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Premises; and
6. Conduct themselves and require other persons on the Premises to conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment.

Landlord's Obligations (HRS Section 521-42):
The Landlord shall maintain the Premises in a habitable condition and comply with all applicable building and housing codes materially affecting health and safety.

X. RIGHT OF ENTRY

Pursuant to HRS Section 521-53, the Landlord shall not abuse the right of access or use it to harass the Tenant. The Landlord shall give the Tenant at least two (2) days' notice of the Landlord's intent to enter and shall enter only during reasonable hours, except in case of emergency, where no notice is required.

XI. ABSENCE AND ABANDONMENT

If the Tenant is absent from the Premises for a continuous period of five (5) days or more, the Tenant shall notify the Landlord. If the Tenant is absent for a continuous period of twenty (20) days or more without written notice to the Landlord, and the rent is unpaid, the Tenant shall be deemed to have wrongfully quit the Premises (HRS Section 521-70).

XII. REQUIRED DISCLOSURES

A. Landlord/Agent Disclosure (HRS Section 521-43):
The following person is authorized to manage the Premises and/or act on behalf of the owner for the purpose of service of process and receiving notices and demands:

Name:
Address:
Island of:

B. Lead-Based Paint Disclosure:
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards.

Check one:

XIII. PETS

XIV. DEFAULT

If the Tenant fails to pay rent when due, the Landlord may provide a written notice demanding payment within five (5) business days. If the rent is not paid within that time, the Landlord may terminate this Agreement pursuant to HRS Section 521-68.

If the Tenant fails to comply with any other material term of this Agreement, the Landlord may deliver a written notice specifying the breach and requiring it to be remedied within ten (10) days. If the breach is not remedied, the Landlord may terminate this Agreement pursuant to HRS Section 521-69.

XV. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, specifically the Residential Landlord-Tenant Code (Chapter 521, Hawaii Revised Statutes).

XVI. ADDITIONAL TERMS AND CONDITIONS

The following additional terms apply to this Agreement:

XVII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, agreements, or representations. This Agreement may only be modified in writing and signed by both parties.

SIGNATURES

LANDLORD:
Signature: _________________________
Print Name: _______________
Date:

TENANT(S):
Signature: _________________________
Print Name: _______________
Date:

What is a Hawaii Lease Agreement?

A Hawaii Lease Agreement is a legally binding contract entered into by a landlord and a tenant to outline the terms of a rental arrangement for property located within the state of Hawaii. This document serves as the primary governing instrument for the tenancy, establishing critical details such as the monthly rent amount, the duration of the lease, security deposit requirements, and the specific obligations of both parties. It is utilized for various types of residential housing, including apartments, condominiums, and single-family homes, ensuring that the relationship complies with the Hawaii Residential Landlord-Tenant Code. By clearly defining the rules and expectations, this agreement helps prevent disputes and provides a legal basis for recourse should a violation occur.

Legal Framework and Statutory Requirements

The landlord-tenant relationship in Hawaii is strictly regulated by state laws, primarily found in the Hawaii Revised Statutes (HRS), specifically Chapter 521, known as the Residential Landlord-Tenant Code. This code overrides any lease provision that conflicts with state law, rendering such clauses unenforceable. For instance, a landlord cannot include a clause that waives the tenant's right to a habitable environment or the right to sue for damages. The state emphasizes the concept of "good faith" in all dealings, requiring honesty and fair dealing in the performance and enforcement of the rental agreement.

Security Deposits and Rent Regulations

Hawaii law imposes specific limitations on the financial aspects of a lease. Under HRS § 521-44, a landlord may not demand a security deposit that exceeds the equivalent of one month's rent. However, an exception exists for tenants with pets; landlords are permitted to charge an additional pet deposit, which also cannot exceed one month's rent. This pet deposit does not apply to service animals, which are protected under federal fair housing laws. Furthermore, the statute mandates that the landlord must return the security deposit within 14 days after the termination of the rental agreement. If the landlord retains any portion of the deposit, they must provide a written itemization of deductions along with the remaining balance within that same 14-day window.

Mandatory Disclosures

For a Hawaii Lease Agreement to be fully compliant, the landlord must provide specific disclosures to the tenant prior to occupancy. Failure to provide these disclosures can result in financial penalties or the inability to withhold security deposits for damages.

  • Inventory Checklist: Hawaii law (HRS § 521-42) requires a written inventory of the premises' condition upon move-in. Without this document, there is a presumption that the unit was in good condition, making it difficult for a landlord to claim damages later.
  • Landlord Identification: The agreement must disclose the name and address of the owner or the person authorized to manage the premises and receive legal notices.
  • Lead-Based Paint: For any property built before 1978, federal law requires the landlord to disclose the presence of lead-based paint and provide an information pamphlet.
  • General Excise Tax (GET) Number: Landlords in Hawaii are required to pay General Excise Tax on rental income. While not always explicitly in the lease text, the landlord must have a GET license, and it is common practice to disclose this number to tenants, especially if the tax is being passed on to the tenant.

Rights of Access and Entry

Privacy rights are a significant component of the Hawaii Lease Agreement. According to HRS § 521-53, a landlord must provide the tenant with at least two days' notice before entering the dwelling unit for non-emergency reasons, such as inspections, repairs, or showing the unit to prospective buyers. The entry must occur during reasonable hours. In the event of an emergency, such as a fire or severe water leak, the two-day notice requirement is waived, and the landlord may enter the property immediately to address the issue.

Required Elements of a Valid Hawaii Lease Agreement

To ensure enforceability and clarity, a standard lease in Hawaii should contain specific data points and clauses. These elements create the structure of the tenancy and define the scope of the agreement.

  • Identification of Parties: The full legal names of all adult tenants and the landlord or property manager.
  • Property Description: The complete physical address of the rental unit, including unit numbers and any included storage or parking spaces.
  • Lease Term: The start and end dates of the tenancy (fixed-term) or the start date for a month-to-month arrangement.
  • Rent Details: The amount of rent, the due date, acceptable payment methods, and where payment should be sent.
  • Tax Allocation: Clarification on whether the General Excise Tax (GET) is included in the base rent or added as a separate line item.
  • House Rules: Specific regulations regarding noise, quiet hours, guest policies, and use of common areas.
  • Signatures: The dated signatures of the landlord and all adult tenants to execute the document.

Termination and Eviction Procedures

The process for ending a lease depends on the type of tenancy and the reason for termination. For month-to-month tenancies, the landlord must provide at least 45 days' written notice to the tenant to vacate. Conversely, a tenant must provide the landlord with at least 28 days' written notice. In cases of non-payment of rent, the landlord must provide a five-day written notice allowing the tenant to pay the overdue amount or vacate. If the tenant violates other lease terms, a ten-day notice to remedy the breach is typically required before eviction proceedings can commence.

Frequently Asked Questions

Yes, under Hawaii law, a landlord cannot charge a security deposit that exceeds one month's rent. However, an additional pet deposit of up to one month's rent may be charged if the tenant has an animal that is not a service animal.
A landlord is required to provide at least two days' notice to the tenant before entering the property for non-emergency purposes. Entry is generally restricted to reasonable hours.
While verbal agreements for tenancies of less than one year can be legally valid, they are difficult to enforce. Written agreements are standard practice and highly recommended to clearly establish the rights and obligations of both parties.
If a landlord fails to return the security deposit or provide a written itemization of deductions within 14 days of the lease termination, they may forfeit the right to retain any part of the deposit. The tenant may legally recover the full amount in court.
No, the state of Hawaii does not currently have statewide rent control laws. Landlords are generally free to set rental rates at market value, provided they do not raise rent discriminatorily or in retaliation.
Yes, landlords must pay the General Excise Tax (GET) on all gross rental income. Additionally, if the rental term is less than 180 days, the Transient Accommodations Tax (TAT) may also apply.

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