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A Hawaii standard residential lease agreement is a legally binding contract between a landlord and a tenant that governs a rental arrangement, typically for a fixed period, commonly one year. This agreement outlines the terms of the rental, including the responsibilities of both parties.

Rental Application

Prior to signing a lease, landlords often require a rental application to verify the tenant’s credentials and employment. This application gathers personal information and grants permission for background checks.

Required Disclosures

Certain disclosures are mandated for residential lease agreements in Hawaii:

  1. General Excise Tax Number: Landlords must inform tenants of their eligibility to apply for a low-income tax credit.

  2. Move-in Condition Report: Tenants must be notified of the property’s condition before moving in.

  3. Lead-Based Paint Disclosure & EPA Pamphlet: For properties built before 1978, landlords are legally required to inform tenants about the potential presence of lead-based paint.

  4. Landlord’s Name and Address: Tenants must receive the landlord’s contact information.

Additional Disclosure Requirements

  • Identification: The lease must include the names and addresses of the parties involved in managing the premises.
  • Property Condition Form: Landlords must provide a checklist to inventory existing property damage when the tenant takes possession.

Security Deposit Laws

  • Maximum Amount: The maximum security deposit that a landlord can charge is one month’s rent.
  • Returning to Tenant: The security deposit must be returned within 14 days of the lease terminating. Landlords may withhold the deposit for unpaid rent, excessive damage, cleaning costs, early lease termination, or attorney’s fees but must provide an itemized list of deductions.

Rent Payment Laws

  • Grace Period: There is no grace period for rent payments.
  • Maximum Late Fee: Hawaii does not impose a cap on late fees; however, any fee charged must be explicitly stated in the lease agreement.
  • NSF Fee: A landlord may charge a fee of $25 for a bounced check.

Landlord Responsibilities and Rights

  • Right of Entry: Landlords must provide tenants with two days’ advance notice before entering the rental property.
  • Property Repairs: Landlords are responsible for ensuring their property is habitable and must address tenant repair requests promptly, typically within 15 days.

Terminating a Lease

  • Month-to-Month Tenancy: A 45-day notice is required to terminate a month-to-month lease.
  • Abandonment: A lease is deemed abandoned if a tenant fails to pay rent and is absent from the unit for 20 consecutive days without notice.

Consequences of Non-Compliance

Failure to comply with mandatory disclosures can result in legal consequences or monetary penalties. A landlord who fails to provide required disclosures within 10 days after a tenant’s request may be liable for $100 plus reasonable attorney’s fees. Additionally, non-compliance with federal lead-based paint hazard disclosure can lead to significant fines.

FAQs

A Hawaii residential lease agreement is a legal contract between a landlord and a tenant that outlines the terms under which the tenant agrees to rent a property. It typically includes details such as the duration of the lease, rental payment amounts, and responsibilities of both parties.

In Hawaii, landlords must provide several required disclosures in a lease agreement, including the landlord’s name and address, a move-in condition report, a lead-based paint disclosure for properties built before 1978, and information about the General Excise Tax number for low-income tax credit eligibility.

In Hawaii, the maximum amount a landlord can charge for a security deposit is one month’s rent. The deposit must be returned to the tenant within 14 days after the lease ends, and landlords must provide an itemized list of any deductions made from the deposit.

No, Hawaii does not provide a grace period for rent payments. If rent is not paid on time, landlords can issue a 5-day notice to quit, which may lead to eviction proceedings.

Yes, a lease can automatically renew in Hawaii. Typically, if neither party takes action at the end of the initial lease term, it converts to a month-to-month rental agreement under the same basic terms.

If a landlord fails to provide mandatory disclosures in Hawaii, they may be liable for $100 plus reasonable attorney’s fees if the tenant demands them. Additionally, failure to comply with federal lead-based paint hazard disclosure can result in significant fines.

Hawaii does not have a cap on late fees; however, any late fee must be explicitly stated in the lease agreement. Landlords must ensure that the fees are reasonable and clearly communicated to the tenant.

No, lease agreements in Hawaii do not need to be notarized to be legally binding. However, having a notary can help establish the identity of the parties involved in case of disputes.