Landlords often want to rent a property in Hawaii to make a little extra money, and a lease agreement is crucial in order to do so successfully.
Typically, the lease agreement sets the tone for the lease term and ensures that the prospective tenant and landlord have a good experience. Therefore, it focuses on the rules that both parties should follow.
Whether you start with a Hawaii rental application or not, the lease agreement should include the rules for your rental unit and abide by all landlord-tenant laws.
The following page outlines what you should include. Plus, you'll get tips about using property management software to help you successfully manage the lease once it begins.
After filling out a rental application, you should have a lease agreement. These legal contracts are between the landlord and the new tenant.
The document states the rules for inhabiting the rental unit or property, including information about the rent, utility payments, security deposits, and more.
They are generally the same for a residential or commercial space. However, you may need to have a Hawaii roommate agreement if you plan to have more than one person living there. Likewise, a Hawaii sublease agreement is crucial when the original tenant sublets to another party.
What to Include
Your Hawaii rental agreement should include the rules you plan to enforce while the tenant lives at the property. Here are a few common additions:
A Hawaii rental agreement must include the date of when rent is due and where it should be paid. It starts at the beginning of each month, and state law doesn't require a grace period.
The security deposits maximum is one month's rent for a residential lease agreement.
Therefore, a landlord can require a security deposit, but it can't exceed a month's rent, regardless of what that amount is.
Landlords must return the tenant's security deposit 14 days from the termination date of when the tenant vacated the space and gave back the keys.
Landlord's Right to Enter
A Hawaii landlord cannot enter a tenant's dwelling without providing two days' notice prior to making repairs or alternations to the property.
Lease Termination and Eviction
Hawaii landlords can evict the current tenant from the property for these reasons:
- Failure to pay rent
- Violation of the rental agreement
- Conducting illegal activities
- Set date for demolition of rental unit
- Conversion to condominium
Build Your Own
Hawaii law states that a landlord must provide these disclosures in the Hawaii rental lease for every tenant who might sign it:
- Landlord's Name and Address - The landlord must provide contact information to create communication lines for the tenant and landlord. Multi-unit properties that are owned by one person must post the disclosure in common areas and elevators on the rental property. Landlords must also offer their general excise tax numbers for filing the low-income tax credit.
- Move-in Checklist - If the landlord accepts a security deposit, they must provide a move-in checklist that includes the inventory and condition of the unit before the tenant moves in. The tenant must agree to and acknowledge the checklist.
- Lead-based Paint Disclosure - Federal law says that homes built in the US before 1978 must disclose the risk of lead paint. Therefore, the landlord has to fill out a disclosure form and attach it to the agreement. They must also give the tenant a pamphlet discussing the dangers and offer reports and records about the presence of lead-based paint.
Before creating a rental application or lease for a property, it's important to understand the landlord-tenant rules in Hawaii. Most people turn to licensed attorneys to get help, but that's cost-prohibiting and takes longer.
You may not realize that property management software can help you tackle leases and applications. DoorLoop makes the process easier, allowing you to upload your documents, auto-fill them, and send them along.
Please feel free to use the free form online to request a demo of DoorLoop.
Landlords should make sure that new tenants know the rules of living at the property. A rental agreement helps here, and property management software can help. Now that you know what to include, try DoorLoop today!
How long are lease agreements in Hawaii?
A Hawaii landlord often uses a lease term of one year, though they can be longer than that if they are in writing and the tenant and landlord agree.
Is a rental agreement a legally-binding contract?
Yes, a rental agreement is a legal document that discusses how the property can be used. Oral and written options are legal, so the tenant and landlord agree to be bound by the procedures listed therein.
Can a rental agreement automatically renew?
Yes, a Hawaii lease for a particular property can automatically renew as long as the tenant and landlord agree. Tenants can sometimes stay on the property once the lease expires if the landlord consents, which starts a month-to-month tenancy.