Hawaii Standard Residential Lease Agreement

Introduction

A Hawaii residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property in the State of Hawaii. This agreement defines the lease term, rent price, security deposit requirements, causes for termination, and other critical details regarding the landlord-tenant relationship. Hawaii has comprehensive landlord-tenant protections codified in the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521).

This comprehensive guide covers all essential aspects of Hawaii residential lease agreements, including state-mandated disclosures, security deposit regulations, rent payment terms, landlord entry rights, lease termination procedures, and tenant remedies. All information is supported by current Hawaii Revised Statutes (HRS) and federal regulations where applicable.

Required Disclosures

Hawaii law requires landlords to provide specific disclosures to tenants before or at the commencement of a tenancy. These mandatory disclosures are designed to protect tenant health and safety and ensure transparency in the landlord-tenant relationship.

Owner and Manager Identification Disclosure

Hawaii law requires landlords to disclose in writing at or before the commencement of the tenancy the name and address of each person authorized to manage the premises and each person who is an owner of the premises or authorized to act on behalf of the owner for service of process and receiving notices. ^[1]

Key requirements include:

The information must be kept current throughout the tenancy

Any owner or landlord who resides outside Hawaii or on another island must designate an agent residing on the same island where the rental unit is located

In multi-unit buildings, this information must be posted conspicuously in elevators and at least one other location (or two locations if no elevators)

*Failure to comply within 10 days after proper demand by a tenant results in landlord liability of $100 plus attorney's fees. *^[1]

Lead-Based Paint Disclosure (Federal)

Federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards for residential properties built before 1978. ^[2]

Landlords must:

Provide tenants with an EPA-approved information pamphlet ("Protect Your Family From Lead In Your Home")

Disclose any known lead-based paint and lead-based paint hazards in the dwelling

Provide any records or reports on lead-based paint and hazards

Include specific warning language in the lease agreement

Retain a copy of disclosures for at least three years from the lease commencement date

This disclosure does not apply to short-term vacation rentals (less than 100 days) or housing built after 1978.

Property Condition Disclosure

Hawaii law requires landlords to maintain the premises in a habitable condition and to provide condition disclosure. Landlords must complete and present move-in/move-out condition forms to tenants before the lease begins. ^[3]

This documentation protects both parties by establishing the condition of the property at the beginning of the tenancy and serves as a reference when determining deductions from the security deposit at the end of the lease term.

Security Deposits

Hawaii law provides specific protections and requirements regarding security deposits to ensure fair treatment of both landlords and tenants.

Maximum Security Deposit Amount

The landlord may not demand or receive a security deposit in an amount greater than one month's rent. ^[4] For tenants with pets, an additional pet deposit may be collected, but it cannot exceed one month's rent.

Return Timeline and Itemized Statement

The landlord must return the security deposit within 14 days after the termination of the rental agreement and the tenant's vacating of the unit. The deposit must be postmarked before midnight of the 14th day. ^[5]

If the landlord withholds any portion of the security deposit, they must provide a written, itemized list of damages and charges within the same 14-day period. ^[5]

Penalties for Non-Compliance

If a landlord fails to return the deposit or provide an itemized list within 14 days, they forfeit the right to retain any portion of the deposit. Tenants may sue to recover the full deposit and, if successful, may be awarded up to three times the amount wrongfully withheld, along with court costs. ^[5]

Interest on Security Deposits

Hawaii law does not require landlords to place deposits in interest-bearing accounts or to pay interest to tenants. Any interest earned on the security deposit belongs to the landlord.

Allowable Deductions

Landlords may deduct from the security deposit for:

Unpaid rent

Damages to the premises beyond normal wear and tear

Cleaning costs necessary to return the unit to its original condition

Costs to remedy tenant defaults in the lease agreement

Normal wear and tear includes deterioration that occurs over time with ordinary use of the premises. Landlords cannot charge tenants for normal wear and tear.

Rent Payment Terms

Understanding rent payment terms, late fees, and tenant remedies is essential for both landlords and tenants in Hawaii.

Grace Period

Hawaii law does not mandate a grace period for late rent payment. Rent is due on the date specified in the lease agreement. ^[6] Landlords may charge late fees according to the terms in the lease if rent is not paid when due. However, many landlords voluntarily provide a grace period as a courtesy to tenants.

Late Fees

Hawaii law limits late fees. The late charge shall not exceed 8% of the amount of rent due when the rental agreement provides for a late charge for rent not paid when due. ^[6]

For example:

If monthly rent is $2,000, the maximum late fee is $160 (8% of $2,000)

If monthly rent is $3,000, the maximum late fee is $240 (8% of $3,000)

Application Screening Fee

As of May 1, 2024, Hawaii law prohibits landlords from charging an applicant a tenant screening fee that exceeds the actual cost to obtain information about the applicant. Landlords must refund any fees not used for authorized costs within 30 days. ^[7]

Landlord Obligations

Hawaii law imposes specific obligations on landlords to maintain rental properties in habitable condition throughout the tenancy.

Habitability Requirements

Under Hawaii law, landlords must at all times during the tenancy: ^[3]

Comply with all applicable building and housing laws materially affecting health and safety

Keep common areas of multi-dwelling unit premises in a clean and safe condition

Make all repairs and arrangements necessary to put and keep the premises in a habitable condition

Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order (subject to reasonable wear and tear)

Provide and maintain appropriate receptacles for garbage and rubbish removal (except single-family residences)

Provide running water (except single-family residences or where not required by law)

Modification of Landlord Obligations

Landlords and tenants may agree that the tenant performs specified repairs and maintenance tasks only if:

The agreement is entered into in good faith and not to evade landlord obligations

The work is not necessary to cure noncompliance with health and safety laws

The agreement does not diminish the landlord's obligations to other tenants

Tenant Obligations

Hawaii law establishes specific obligations for tenants to maintain the dwelling unit and use the property appropriately.

Tenant Maintenance Duties

Each tenant shall at all times during the tenancy: ^[8]

Comply with all applicable building and housing laws materially affecting health and safety

Keep the premises clean and safe as conditions permit

Dispose of rubbish, garbage, and other waste in a clean and safe manner

Keep all plumbing fixtures as clean as their condition permits

Properly use and operate all electrical and plumbing fixtures and appliances

Not permit any person to willfully destroy, deface, damage, or remove any part of the premises

Keep facilities, appliances, and furnishings in fit condition (reasonable wear and tear excepted)

Proper Use of Premises

Tenants must comply with all obligations and restrictions concerning use, occupancy, and maintenance of the dwelling unit if such obligations were brought to the tenant's attention at the time of entering the rental agreement. ^[9]

For rules to be enforceable, they must:

Promote the convenience, safety, or welfare of tenants

Be reasonably related to their purpose

Apply to all tenants fairly

Be sufficiently explicit to inform the tenant what they must or must not do

Landlord's Right to Enter

Notice Requirements

Hawaii law requires landlords to provide at least two days' notice before entering the dwelling unit, except in cases of emergency or where impracticable. Entry must occur only during reasonable hours. ^[10]

The tenant shall not unreasonably withhold consent to the landlord to enter for the following purposes:

To inspect the premises

To make necessary or agreed repairs, decorations, alterations, or improvements

To supply services as agreed

To exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants

Restrictions on Entry

The landlord shall not abuse the right of access nor use it to harass the tenant. The landlord shall have no other right of entry, except by court order or where the tenant appears to have abandoned the premises. ^[10]

Emergency Access

The landlord may enter a dwelling without permission of the tenant in cases of emergency such as fire, weather damage, abandonment, and extended absence. In emergency situations, landlords should attempt to notify tenants as soon as possible after entry.

Tenant Remedies

Hawaii law provides tenants with specific remedies when landlords fail to fulfill their obligations.

Repair and Deduct Remedy

If the landlord fails to maintain the premises, tenants may exercise the "repair and deduct" remedy. ^[11]

For Health or Safety Violations:

When a landlord receives written notification from the Department of Health or other agency about a health or safety violation, they must commence repairs within five business days. If the landlord fails to act, the tenant may:

Submit written signed estimates from two qualified workers at least five business days before having the work done

Upon submission of receipts, deduct $500 or one month's rent, whichever is greater, for actual expenditures to correct the health or safety violation

For Other Defective Conditions:

For defective conditions in material noncompliance with habitability standards, the landlord must commence repairs within 12 business days of written notification. If the landlord fails to act:

The tenant may do or have done the necessary work and deduct from rent not more than $500 for actual expenditures to correct the defective condition

Unlawful Lockout Remedy

If the landlord locks the tenant out of the unit overnight without cause or without a court order, the tenant may recover possession or terminate the rental agreement. In either case, the tenant may recover an amount equal to two months' rent or free occupancy for two months, and the cost of the legal suit. ^[12]

Retaliatory Actions Prohibited

Hawaii law strictly prohibits landlords from retaliating against tenants who exercise their legal rights. ^[13]

If a tenant has complained to the Department of Health, the Office of Consumer Protection, the landlord, or any governmental agency concerning conditions which violate health laws, or if the tenant has requested repairs in good faith, the landlord may not:

Take any action to recover possession of the unit

Increase the rent

Decrease any services incident to the rental

Evict the tenant (as long as the tenant has paid and continues to pay rent on time)

Lease Termination

The procedures for terminating a lease in Hawaii depend on the type of tenancy and the circumstances of termination.

Month-To-Month Tenancy Termination

For month-to-month rental agreements, different notice periods apply to landlords and tenants: ^[14]

Landlord must provide: At least 45 days' written notice before the anticipated termination

Tenant must provide: At least 28 days' written notice before the anticipated termination

Extended Notice for Special Circumstances

When the landlord contemplates voluntary demolition of dwelling units, conversion to condominium, or changing the building to transient vacation rentals, the landlord must provide at least 120 days' advance notice. ^[14]

Week-To-Week Tenancy Termination

For tenancies of less than month-to-month (such as week-to-week), either the landlord or tenant may terminate the rental agreement by notifying the other at least 10 days before the anticipated termination. ^[14]

Fixed-Term Lease Expiration

Rental agreements for fixed terms have a termination date stated in the agreement. Termination is automatic with no notice requirement; the lease simply expires on its stated end date.

Termination for Non-Payment of Rent

When a tenant fails to pay rent when due, the landlord may demand payment and notify the tenant in writing that unless payment is made within not less than five business days after receipt, the rental agreement will be terminated. ^[15]

Holdover Tenants

If a tenant continues in possession after termination without the landlord's consent, the tenant may be liable for up to twice the monthly rent, computed daily. The landlord may bring a summary proceeding for recovery of possession at any time during the first 60 days of holdover. ^[14]

Property Abandonment

When a tenant wrongfully quits the dwelling unit and clearly indicates their intention not to resume the tenancy, specific procedures apply. ^[16]

The tenant is liable to the landlord for the lesser of:

The entire rent due for the remainder of the term; or

All rent accrued during the period reasonably necessary to re-rent the unit at fair rental, plus the difference between the fair rent and the original agreed rent, plus a reasonable commission for re-renting

Handling Abandoned Possessions

Before selling or donating abandoned possessions:

The landlord must mail notice of intent to the tenant's forwarding or last known address

After a 15-day notification period, the landlord must advertise the sale in a daily paper for at least three consecutive days before selling possessions

Proceeds from the sale (after deducting accrued rent and storage/sale costs) must be held in trust for the tenant for 30 days, after which they are forfeited to the landlord

Unconscionable Provisions

Hawaii law protects tenants from unfair lease terms. If a court finds a rental agreement or any provision unconscionable at the time it was made, the court may refuse to enforce the agreement, enforce it without the unconscionable provision, or limit application of any unconscionable provision to avoid any unconscionable result. ^[17]

Attorney's Fees Limitations

A rental agreement may provide for payment by the tenant of costs and reasonable attorney's fees not in excess of 25% of unpaid rent after default and referral to an attorney not a salaried employee of the landlord. ^[18]