Hawaii Residential Lease Agreement Form
- 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.
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).