Lease Template Updated November 12, 2024
A residential lease agreement in Hawaii is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with Hawaii laws.
Our form includes:
Parties Identification
Lease Term
Rent Payment Terms
Security Deposit
Maintenance Responsibilities
State-Specific Disclosures
State-Specific Notices
These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.
Disclosure |
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Landlord's Name and Address
<p>Landlords must disclose in writing the name and address of the person authorized to manage the premises and the owner or agent authorized to act on behalf of the owner. This information ensures tenants know who to contact for management issues or legal notices.</p>
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Landlord's Name and Address
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Landlords must disclose in writing the name and address of the person authorized to manage the premises and the owner or agent authorized to act on behalf of the owner. This information ensures tenants know who to contact for management issues or legal notices. |
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Lead Paint - Know Presence
<p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
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Lead Paint - Know Presence
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Applies to units built before 1978 where the presence of lead paint has been confirmed. |
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Lead Paint - No Know Presence
<p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
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Lead Paint - No Know Presence
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Applies to units where no evidence of lead paint is present or units built after 1978. |
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Condition of the Premises
<p>Landlords are obligated to maintain the premises in a habitable condition, adhering to all applicable building and housing codes that materially affect health and safety. This includes ensuring that structural components, such as roofs, floors, and walls, are in good repair and capable of resisting normal forces and loads.</p>
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Condition of the Premises
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Landlords are obligated to maintain the premises in a habitable condition, adhering to all applicable building and housing codes that materially affect health and safety. This includes ensuring that structural components, such as roofs, floors, and walls, are in good repair and capable of resisting normal forces and loads. |
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Late/Returned Fees
<p>Hawaii law permits landlords to charge late fees for overdue rent payments. These fees must be reasonable and are capped at 8% of the amount due</p>
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Late/Returned Fees
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Hawaii law permits landlords to charge late fees for overdue rent payments. These fees must be reasonable and are capped at 8% of the amount due |
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Mold Disclosure
<p>While Hawaii law does not explicitly require mold disclosure, landlords are responsible for addressing moisture issues that could lead to mold growth. Prompt attention to water leaks and related problems is essential to prevent mold and ensure tenant safety.</p>
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Mold Disclosure
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While Hawaii law does not explicitly require mold disclosure, landlords are responsible for addressing moisture issues that could lead to mold growth. Prompt attention to water leaks and related problems is essential to prevent mold and ensure tenant safety. |
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Non-Refundable Fees
<p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>
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Non-Refundable Fees
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Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them |
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Smoking
<p>While not required by Hawaii law, it's advisable to include a smoking policy in the lease agreement to set clear expectations.</p>
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Smoking
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While not required by Hawaii law, it's advisable to include a smoking policy in the lease agreement to set clear expectations. |
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Security Deposit Disclosure
<p> Landlords may collect a security deposit not exceeding one month's rent. Upon termination of the rental agreement, the landlord must return the deposit within 14 days, along with an itemized list of any deductions for damages beyond normal wear and tear.</p>
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Security Deposit Disclosure
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Landlords may collect a security deposit not exceeding one month's rent. Upon termination of the rental agreement, the landlord must return the deposit within 14 days, along with an itemized list of any deductions for damages beyond normal wear and tear. |
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Flood Hazard Disclosure
<p>Hawaii law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.<br><br></p>
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Flood Hazard Disclosure
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Hawaii law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks. |
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Radon Disclosure
<p>Hawaii does not require radon disclosures.<br>However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
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Radon Disclosure
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Hawaii does not require radon disclosures. |
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Bed Bugs Disclosure
<p>Hawaii law does not specifically require bed bug disclosures,</p>
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Bed Bugs Disclosure
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Hawaii law does not specifically require bed bug disclosures, |
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Addenda |
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Pet Agreement
<p>Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.</p>
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Pet Agreement
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Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits. |
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Medical Marijuana
<p>Hawaii law allows the use of medical marijuana; however, landlords can set policies regarding its use on their property, including prohibiting smoking.</p>
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Medical Marijuana
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Hawaii law allows the use of medical marijuana; however, landlords can set policies regarding its use on their property, including prohibiting smoking. |
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Shared Utilities
<p>Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities.</p>
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Shared Utilities
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Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities. |
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Carbon Monoxide Alarm
<p>Hawaii law does not require the installation of carbon monoxide detectors in rental properties.</p>
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Carbon Monoxide Alarm
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Hawaii law does not require the installation of carbon monoxide detectors in rental properties. |
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Under Hawaii Revised Statutes § 521-43, landlords must provide tenants with their full name and address, as well as that of any authorized agent. This ensures proper communication and accountability for rental obligations.
Landlord Requirements:
Hawaii follows federal Title X requirements, ensuring that landlords disclose any known lead-based paint hazards in older rental units. This law helps protect tenants from lead exposure.
Landlord Requirements:
The lease must document the property’s condition to protect both parties, as required by Hawaii Revised Statutes § 521-42. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:
Explore lease agreement forms from other states to ensure compliance and simplify rentals.