Hawaii Residential Lease Agreement Form
Living in Hawaii is like a dream. Imagine waking up to tropical weather, with the beach just a short distance away. For those considering renting a home or apartment in Hawaii, you need to know the basics of a residential lease agreement form.
The first step to renting in Hawaii is finding real estate that you like. Submit a rental application form to the landlord, who will go through the applications to find the best candidate from a pool of prospective tenants. When your rental application is approved, you can start hashing out your Hawaii residential lease agreement form.
The lease serves as a contract between the landlord and the tenant over the use of a rental property. The document must contain a brief description of the property and its address. Important personal information of the landlord and tenant will also be included, along with their responsibilities.
For instance, the landlord must ensure the property is safe for occupancy. The tenant is tasked with taking care of the property throughout the lease.
The landlord and tenant may talk about the other provisions they want to outline in the lease. The most important details include the rent amount, due date, and other related stipulations.
Required Disclosures
- Lead-Based Paint Disclosure - If the property was built before 1978, this must be disclosed to the tenant, as it is likely that lead-based paint was used in the building. Landlords and realtors must provide buyers and tenants with educational materials regarding the dangers of lead-based paint.
- Disclosure of Owner or Manager - The tenant has the right to know the names and addresses of the owner and manager of the property. According to the law: “The information required to be furnished shall be kept current and shall be enforceable against any successor landlord, owner, or manager. (HI Rev Stat § 521-43).”
Rent Grace Period
There is no official statute on the rent grace period in Hawaii. However, there is room for adjustment as the law requires Hawaii landlords to provide notice to pay before the termination of the rental agreement.
When the tenant fails to pay rent on time, the landlord will write a letter giving them five days to pay the unpaid rent, or the lease agreement will be terminated. Afterward, the tenant will be given time to vacate the property properly.
Security Deposits
Landlords in Hawaii can collect security deposits from the tenant at the beginning of the tenancy period. A security deposit gives the landlord peace of mind in case the tenant fails to pay rent on time or damages the property. The amount a landlord can collect as a security deposit is capped at one month’s rent.
When the tenancy ends, a Hawaii landlord must return the security deposit to the tenant unless there are grounds not to. For example, if the tenant has unpaid dues, the landlord can deduct the amount from the security deposit. If there is damage to the property, the landlord may also deduct the cost of repairs.
Finally, if the tenant decides on an early termination from the lease agreement, the landlord has the right to impose a charge for breaking the contract. The amount should cover loss of income and expenses to advertise for a new tenant.
If there is a remaining balance from the security deposit after deductions, the landlord must return the amount to the tenant within 14 days (HI Rev Stat § 521-44).