Hawaii Rental Lease Agreement Templates

Hawaii Rental Lease Agreement Templates

A Hawaii lease agreement is a contract between a property owner and tenant that establishes the rules of a rental. It covers the monthly rent, lease duration, security deposit, maintenance responsibilities, and any conditions specific to the property.

Hawaii caps security deposits at one month’s rent and limits late fees to 8% of the unpaid balance. Landlords must provide an inventory checklist of the unit’s condition before the tenant moves in and must disclose their general excise tax number for tax credit purposes.

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Types (6)

Commercial (PDF)

A contract for renting property for retail, industrial, office, or dining use. Can be structured as a NNN, modified gross, or gross lease.

 

Lease-to-Own (PDF)

Establishes the terms under which a landlord agrees to sell the rental property to the tenant at or before the end of the lease.

 

Month-to-Month

A rolling tenancy with no fixed end date. The landlord must provide 45 days’ notice and the tenant 28 days’ notice to terminate.

 

Roommate (PDF)

Outlines guidelines for conduct, rent, and utility payments among individuals sharing a rental dwelling.

 

Standard (Residential)

The most common form used to define the rights and duties of both parties in a residential rental for a set term.

 

Sublease (PDF)

Enables a tenant who is bound by a lease to rent their unit to a new occupant for the remainder of the term.

 

Renting in Hawaii

Most Common Rental Type Apartments
Average Rent $1,942/mo
Households That Rent 38.4%
Average Renter Household Size 2.6
Rental Vacancy Rate 7.4%

Source: U.S. Census Bureau, American Community Survey (2024)[8] & Housing Vacancy Survey (2024)[9]

What is a Hawaii Lease Agreement?

A Hawaii lease agreement lays out the conditions of a rental so that both the landlord and tenant understand their obligations from the start. It addresses the rent, duration of occupancy, maintenance duties, and procedures for ending the tenancy.

Hawaii requires landlords to maintain every rental unit in habitable condition and to place security deposits in a trust account. Deposits must be returned within 14 days of the tenant vacating, and the state prohibits lease provisions that attempt to shift the landlord’s maintenance duties onto the tenant.

State Laws & Guides

Laws: HRS Chapter 521 – Residential Landlord-Tenant Code

Guides:

When is Rent Due?

Rent is due at the time and place agreed to by both parties.[1] If no date is specified, rent is payable at the start of any term of 1 month or less, or in equal monthly installments at the beginning of each month for longer terms. Hawaii does not require a grace period. Late fees cannot exceed 8% of the unpaid rent amount and apply only to the portion that remains unpaid.[1]

Landlord’s Access

Emergency: Landlords may enter without notice in an emergency.[2]

Non-Emergency: Landlords must give at least 2 days’ notice and may only enter during reasonable hours. Entry is limited to purposes such as inspections, repairs, or showing the unit to prospective tenants.[2]

Landlord’s Duties

Under Hawaii law, landlords must:[3]

  • Building Codes: Comply with all applicable building and housing codes affecting health and safety.
  • Repairs: Make all repairs needed to keep the unit in a habitable condition.
  • Systems: Maintain all electrical, plumbing, and other systems and appliances in good working order.
  • Common Areas: Keep shared areas clean and safe (multi-unit buildings).
  • Running Water: Provide constant running water as required (multi-unit buildings).
  • Trash: Provide access to garbage and rubbish containers (multi-unit buildings).

Tenant’s Duties

Tenants must comply with the following:[4]

  • Building Codes: Comply with all applicable building and housing codes relating to health and safety.
  • Cleanliness: Keep the dwelling unit clean and safe.
  • Trash: Dispose of garbage and rubbish in a clean and safe manner.
  • Appliances & Systems: Use all electrical, plumbing, and other systems and appliances in a reasonable manner.
  • Property Care: Do not deliberately or negligently destroy, deface, or damage any part of the premises.
  • Maintenance: Keep all provided appliances, furniture, and fixtures in good condition, excluding normal wear and tear.

Required Disclosures

Inventory Checklist: Before the tenant moves in, the landlord must inspect the unit and provide a written record of its condition and any furnishings or appliances included.[3]

Names and Addresses: The names and addresses of the property owner and anyone authorized to manage the premises must be disclosed.[5]

General Excise Tax Number: Landlords must notify tenants of their general excise tax number so tenants can file for the low-income tax credit.[5]

Copy of the Lease: The landlord must provide each tenant with a copy of the signed lease.[5]

Off-Island Agent: Owners who live out of state or on a different island must designate an agent residing on the same island as the rental property.[5]

Lead-Based Paint: Required under federal law for all dwellings built before 1978. The landlord must disclose known lead hazards and provide the EPA information pamphlet.[6]

Security Deposits

Maximum Amount: The security deposit cannot exceed 1 month’s rent. Landlords may charge an additional pet deposit of up to 1 month’s rent, but no pet deposit is allowed for service or assistance animals.[7]

Returning to Tenant: The deposit must be returned within 14 days of the lease ending.[7]

Deposit Interest: Not required under Hawaii law.

Uses of the Deposit: Landlords may deduct from the deposit for:[7]

  • Damage caused by the tenant beyond normal wear and tear
  • Cleaning costs to restore the unit to its original condition
  • Unreturned keys, garage door openers, or other provided items
  • Unpaid utility bills that were the tenant’s responsibility
  • Damages from early lease termination