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A Hawaii sublease agreement is the contract that lets a tenant rent all/part of their rental property to their new tenant. The sublessee then makes the payments and relieves some of the rental obligations from the original tenant under the original lease.

It's important to ensure that it's written correctly before you get approval from the landlord to do it and sublet the premises to someone else. However, it's challenging to know what to do. Learn more about the document here!

Sublease Agreement

A sublease agreement allows the original tenant to select someone else to live on the property and pay rent. When they cannot uphold the deal, such as relocating elsewhere, the sublease agreement can solve the problem. This contract is between the new tenant and the original tenant.

The original tenant can pass the unit they've rented to someone else without technically breaking the lease terms. Therefore, the original tenant is the sublessor, but the new tenant is now the sublessee.

All the responsibilities and rules of the original lease go to the new tenant within the sublease agreement. They take over rent and take care of the space. However, the original tenant is still responsible if rent isn't paid on time, so there should be appropriate penalties in place for paying late.

The lease terms aren't void simply because someone else moves in. If something happens that terminates the landlord-tenant arrangement, a sublessee can't have legal claim to continue being there.

Along with rent owed each month, the sublessee must pay for any utilities, though the original tenant may choose to keep them in their name. Still, it's best to run a background check on the potential new tenant before signing anything.

If the current tenant paid a security deposit, then the new one may have to do so as well. This should be listed in the document, though.

What to Include

When crafting a Hawaii sublease agreement, here are the sections to include

  • Parties - The sublease agreement should define the parties referred to within. The new tenant is first, and the second line is for the original tenant.
  • Property Description - Define the property being subleased, including the full address and any damage already on the premises. If the new tenant can use furniture left behind, that must be included.
  • Security Deposit and Rental Agreement - The new arrangement terms are listed now. Include original lease dates and sublease arrangement dates here. Add whatever steps the new tenant must take to renew the agreement or overtake it from the original tenant.
  • Unit Rules - This section defines the additional rules for the sublessee to follow. That includes the smoking policy, pet policy, noise policy, and anything else from the original lease. Generally, the smoking policy should consist of whether smoking is allowed in the unit or where it can happen on the property. List the consequences if tenants break the agreement rules.
  • Consent and Signature - The final section is the signature. Both parties should sign and date the document. If the landlord requested consent in the original document, they should sign this sublease, too.

How to Write One

Here are the steps to take to write your sublease agreement:

  1. Parties and Location - Include the original tenant's name, subtenant's name, and property address. If more than one person is on the original lease, they must all be named.
  2. Terms of the Agreement - The start/end date should be listed.
  3. Rent Payment - Determine how much rent the subtenant must pay, the due date, and how to pay it. Include the sublessor's name and mailing address. List other stipulations, such as applications of late payments, payment by certified check, and more.
  4. Amenities and Utilities - This section lists utilities and amenities the subtenant owes, such as trash removal, yard clean-up, and more.

Special Laws

It's important to check the original lease to determine if subletting is possible. The tenant must get permission in writing from the landlord before they can sublet. Once they fill in the sublease agreement, they're responsible for the subtenant and liable for violations.

The sublessor has to honor the terms within the sublease agreement and original lease, following Hawaii laws for security deposits, evictions, and other things.

They must:

  • Give the subtenant a five-day notice to pay rent/leave
  • Give written notice of 45 days for the intent not to renew
  • Return the security deposit within 14 days of the end dates of the lease

Sublessors

The sublessor, in a sense, becomes the landlord and must follow Hawaiian rules governing the eviction procedure, security deposit, and other tenant-landlord issues. Likewise, they must understand the conditions of the sublease and original lease.

Build Your Own

It's best to use Doorloop to help you create the perfect sublease document. We offer many free templates to get started:

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion

All parties must respect each other and fulfill their obligations to make this a beneficial experience for everyone. Subleasing can protect sublessors from early termination fees, but they must work hard to vet the prospects and create an appropriate Hawaii sublease agreement that covers the arrangement in full.

FAQs

Is It Legal to Use a Hawaii Sublease Agreement?

If the original lease contains a clause allowing subletting and your receive written permission from the landlord, you can then draw up a sub-lease agreement and sublet that property.

Can the Tenant Sublease without the Written Permission of the Landlord?

If the tenant used certified mail to send a notice to the landlord of the intent to sublease (and a copy of the sublease agreement), but the landlord didn't act within 30 days, then the tenant may consider the lack of response as permission. However, the tenant can't go forward if the landlord rejects that sublease request.

How Does One Take Over the Sublet in Hawaii?

The sublessee must confirm that the sublessor got written permission from the landlord and get a copy of the current lease. Request it in writing to understand the obligations. Subtenants then make rent payments to the lessee instead of the landlord.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!