Free Hawaii Residential Lease Agreement

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Table of Contents:

What is a Hawaii Residential Lease Agreement
Types of Hawaii Lease Agreements
Hawaii Lease Addendums and Disclosures
Hawaii Residential Lease Agreement Sample
Other Real Estate Documents
FAQs About Hawaii Lease Agreement

What is a Hawaii Residential Lease Agreement

A lease agreement outlines the terms under which a landlord agrees to rent a property to a tenant. It should include the duration of the lease, the size, and frequency of rental payments, information about additional costs and the terms of use of the property.

This legally binding contract should also define which situations constitute lease violations, and what the eviction procedures would be in any of those scenarios. Lease agreements are of a longer duration than rental agreements, but they’re otherwise similar in purpose and structure.

It’s important to note that lease agreements need to comply with any lease-related laws in the state where the property is located.

Types of Hawaii Lease Agreements

Before starting a HI lease agreement, it is important to know which type to create. There are many distinct varieties of these legal instruments, and each deals with a different type of rental situation.

The most common types of lease agreements in Hawaii include:

Standard residential lease agreements: Under a standard lease agreement both the landlord and tenant commit to a fixed set of terms that last for a series of months or years.
Rent-to-own lease agreements: Lease agreements with rent-to-own options are designed for tenants that wish to buy the property they are renting. This requires them to pay a sum of money each month, in addition to rent, to cover the costs of the principal.
Month-to-month rental agreements: Month-to-month lease agreements will often have similar basic terms to standard residential lease contracts. However, they differ as they can be renewed or ended on a month-by-month basis. Their terms may also be flexibly altered each month.
Commercial lease agreements: Commercial leases are provided by landlords of retail property to tenants that intend to use the real estate to run a business.
Roommate agreement: In rental properties with shared living areas, a room rental agreement can be used to rent a singular bedroom.
Sublease agreement: AHawaii sublease agreement allows tenants to reassign or ‘sublease’ the property to another individual. This requires the property landlord’s permission and must be specifically allowed in the original lease.

Hawaii Lease Addendums and Disclosures

Lease agreements need to include certain disclosures and addendums. These can vary significantly depending on the state in which the property is located. The following overview contains all the essential addendums for HI lease agreements:

Disclosure/Addendum	Information That Must Be Disclosed
Authorized persons identification	Landlords must disclose on the contract who will be allowed on the premises, such as agents, managers, or cleaners.
Lead paint disclosure	Whether or not lead paint can be found on the premises (if the building was constructed before 1978).
Property condition	Landlord must provide a copy of the property conditions in addition to any furnishings or appliances

Hawaii Lease Agreement Laws

Hawaii lease agreements must be written according to the laws of HI state, to ensure that they are legally binding and hold up in court. These regulations will determine what terms you can include in the contract alongside matters such as eviction procedures.

The most relevant laws to take into consideration when renting a property in Hawaii are:

Security deposits: In Hawaii,landlords are not legally allowed to charge more than one months’ rent if the property is a non-rent control unit (§ 521-44(5)(b)). This amount must then be returned to the tenant no more than 14 days after they vacate the property and give back the keys. The tenant must also be informed in advance of any deductions, and an extra security deposit fee can be added if the tenant has a pet.
Landlord’s right to enter: Landlords need to give two days’ advance notice before entering the rental property.

For more specific information on residential lease agreements in Hawaii, consult the HI landlord-tenant code.

Hawaii Residential Lease Agreement Sample

Before beginning the process of creating a residential lease agreement in Hawaii it is sensible to review an example document first. Use our HI lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.

Hawaii Residential Lease Agreement Template

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FAQs About Hawaii Lease Agreement

It is important to carefully prepare a HI lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little simply review our FAQs below to learn more about the specificities of rental contracts in Hawaii. We also recommend consulting the HI landlord-tenant handbook for additional information.

How to Write a HI Lease Termination Letter?

If either the landlord or tenant for any reason needs to terminate a Hawaii lease agreement early, they must provide the correct amount of notice in a written HI lease termination letter.

This letter needs to contain the following information:

The name of the landlord and the tenant
The date the letter has been written and signed
The name and address of the property in question
Information explaining why the tenancy needs to be terminated early
The reason the lease is being broken
The date that the resident will vacate the property
Acknowledgment of any penalties that will be incurred
Signature of the signing party

What Are the Advantages of a Written Lease?

It’s important to have a written HI lease agreement in operation whether you are a landlord or a tenant. There are many advantages to having a formal contract for a rental property such as the right to recourse if the terms are violated and the protection of important legal rights for rental property owners and residents.

Do I Need to Notarize my Hawaii Residential Lease Agreement?

It is not necessary to notarize a Hawaii residential lease agreement. However, whilst this might not be a legal requirement in HI state, signees are still advised to consider this step to provide further legal enforceability.

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Preview of your Hawaii Residential Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter, the "Lease Agreement") is dated as of ________ day of ________________, ________ (hereinafter, the "Effective Date") and is entered into by and between the following parties:

_________

(hereinafter the "Landlord")

- AND _________

(hereinafter the "Tenant(s)")

The Landlord and the Tenant(s) agree as follows:

1. The Landlord rents to the Tenant(s) and the Tenant(s) rents to the Landlord a house, located at _________ (hereinafter the "Property"), for the sole use as a personal residence.

2. Subject to the provisions of this Agreement, only the Tenant(s) mentioned in this Lease Agreement will be permitted to live on the Property. No other person will be allowed to live on the Property without the prior written consent of the Landlord.

PETS

3. No animal or pet shall be kept, permanently or temporarily, on or about the Property, even temporarily or with a visiting guest. As provided by law, a Service Animal(s) is not considered a pet, and every individual with a disability shall have a right to have a Service Animal(s) on the Property.

PARKING

4. Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Property under this Lease Agreement.

SMOKING

5. Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors. This policy applies to all owners, tenants, or guests.

If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.

VAPING

6. Vaping is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors.

TERM

7. The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date") and shall terminate on _________ (hereinafter, the "Termination Date").

8. The Parties must comply with the law of the State of Hawaii in any notification to end this tenancy.

RENT

9. The Tenant(s) shall pay the Landlord Rent in the amount of $_________ per week (hereinafter, the "Rent").

10. The Tenant(s) shall pay the Landlord Rent weekly prior to or on _________ day of every week during the term of this Lease Agreement at _________ or at such other place as the Landlord may designate later by:

11. The Landlord may increase the Rent that will be paid for the Property by providing a reasonable notice to the Tenant(s) that the Rent will increase.

Under Hawaii law, the Landlord shall give the Tenant(s) a 45 days' notice of the Rent increase for month-to-month tenancies and a 15 days' notice for all other periodic tenancies.

INSPECTIONS

12. The Parties will inspect the property to evaluate its condition at the beginning and the end of the lease term.

13. The Landlord and its agents shall have the right to enter the Property at all reasonable times to inspect, repair, or show it to Prospective buyers or tenants in compliance with the law of the State of Hawaii.

Under the law of the state of Hawaii, the Landlord must provide the Tenant(s) with a 2 days' notice of the impending non-emergency inspection or visit before the scheduled entry to the Property.

TENANT IMPROVEMENTS

14. The Tenant(s) shall not make any sort of improvements on the leased Property without the Landlord's prior written consent. All improvements made by the Tenant(s) shall become the Landlord's property and shall be surrendered with the leased premises at the termination of this Lease Agreement unless the Tenant(s) obtain written consent from the Landlord before doing any of the following:

(a) Additions
(b) Alterations
(c) Fixtures
(d) Redecorations
(e) Installing a waterbed(s).

UTILITIES

15. The Tenant(s) shall be responsible for and shall pay for all utilities and services used or consumed at the Property.

INSURANCE

16. The Tenant(s) shall not pay for any insurance to protect property belonging to such Tenant(s). However, if the property belonging to the Tenant(s) suffers any damage or loss, the Landlord will not be liable for any property that suffers any damage or loss.

17. The Tenant(s) will not be held responsible for insuring the Landlord's property in or about the premises. Further, the Tenant(s) will not be liable for either damage or loss of such property.

ATTORNEY FEES

18. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys' fees, from the non-prevailing party.

GOVERNING LAW

19. This Lease Agreement shall be governed, construed, and interpreted by the State of Hawaii.

SEVERABILITY

20. If any term or provision of this Lease Agreement is held invalid or unenforceable for any reason, the remaining provisions shall not be affected by such provision and will continue to be valid and enforceable.

21. If a court holds that any provision of this Lease Agreement is invalid or unenforceable and such provision is eliminated, the remaining provisions shall continue to have full effect.

ENTIRE AGREEMENT AND AMENDMENT OF THE LEASE

22. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease Agreement may be modified or amended in writing if it is signed by both parties.

ASSIGNMENT AND SUBLETTING

23. The Tenant(s) shall not, without the prior written consent of the Landlord, assign this Lease Agreement or any interest herein or sublet the Property or any part thereof.

DAMAGES

24. All damages done to the property shall be charged to the Tenant(s) and may be considered cause for the termination of this lease agreement.

CARE AND USE OF PROPERTY

25. The Tenant(s) shall occupy and use the Property exclusively as a residential dwelling unit. No other uses shall be allowed to the Tenant(s) other than for residential dwelling purposes, except as may be allowed by the written consent of the Landlord and if and only if the alternative use is allowed under all applicable zoning laws. In such case, the Tenant(s) shall obtain liability insurance to cover any risks associated with alternate use of the property.

Further, the Parties must comply with all health, fire, and safety regulations. Any material breach of this provision by the Tenant(s) constitutes valid grounds for eviction or lease termination.

26. The Tenant(s) accepts the Property in its present condition and state of repair and shall be given possession of the Property on the day of commencement of this Lease Agreement.

At the expiration of the lease term, the Tenant(s) shall leave and surrender the Property in as good a state and condition as they were in at the commencement of the lease term, reasonable use, wear and tear, and damages by the elements excepted.

NOTICE

27. The Tenant(s) may be reached for any matter related to this tenancy at the Property or through the following phone number and email:

(a) Name: _________.
(b) Phone: _________.
(c) Email: _________.

28. The Landlord may be reached for any matter related to this tenancy at the Property or through the following phone number and email:

(a) Name: _________.
(b) Address: _________.

The contact information for the Landlord is:

(c) Phone: _________.
(d) Email address: _________.

GENERAL PROVISIONS

29. All monetary amounts stated or referred to on this Lease are based in the United States dollar.

30. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches, or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.

31. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.

32. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.

33. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions, and liabilities pursuant to this Lease.

34. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.

35. The Tenant will be charged an additional amount of $_________ for each N.S.F. check or checks returned by the Tenant's financial institution.

36. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

37. Time is of the essence in this Lease.

IN WITNESS WHEREOF _________, _________ have duly affixed their signatures on this________day of ________________, ________.

________________________________
Landlord: _________

_________________________________
Tenant: _________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the________day of ________________, ________.