Hawaii Lease Agreement

TurboTenant's Hawaii lease agreement, crafted by local attorneys and property owners, ensures legal compliance and full protection for landlords.

In Hawaii, crafting lease agreements that comply with state-specific legal requirements is crucial for both landlords and tenants. TurboTenant’s Hawaii Lease Agreement Generator and Templates, created with input from Hawaii legal professionals, ensure that landlords remain compliant and well-protected as they rent out their properties. This article provides an overview of the essential elements of a Hawaii lease agreement, highlighting the state-specific regulations and best practices for a smooth rental process.

Section 1 – Custom to You

This section allows landlords to input details specific to their rental situation, ensuring a tailored approach to each lease. Important features include:

• Additional Provisions: Landlords can include property-specific rules or necessary local clauses. Reviewing these provisions with a lawyer is recommended.
• Lost Key Policy: Tenants are required to pay the full cost of rekeying the property if they fail to return all keys upon moving out.

Section 2 – Specific to Hawaii

Designed to meet Hawaii’s legal requirements, Section 2 incorporates clauses that are critical for compliance. Key provisions include:

• Late Fees (Section 2.1): Landlords may charge a late fee of 8% of the total unpaid rent if not received by the 5th day of the month.
• Security Deposit Provisions (Section 2.4):
• A landlord cannot demand a security deposit exceeding one month’s rent.
• Any pet deposit must also not exceed one month’s rent and is separate from the regular security deposit.
• Landlords must return the security deposit within 14 days post-lease termination or expiration, with an itemized statement of deductions if applicable.
• Entry/Access to Premises by Landlord (Section 2.8):
• Landlords have the right to enter the premises for inspections, repairs, or showings.
• In non-emergency situations, landlords will make a good faith effort to notify tenants at least two days in advance.
• Immediate access is permitted in emergencies or if the tenant requests repairs.
• Designation of Agent (Section 2.15): Landlords not residing on the same island must appoint an on-island agent to handle rent, notices, and legal processes.

Section 3 – General Clauses for Best Practices

This section includes clauses common to lease agreements across the United States, focusing on promoting healthy landlord-tenant relationships. Notable clauses include:

• Subletting (Section 3.1): Tenants are prohibited from subleasing without the landlord’s written permission.
• Altering or Improving the Property (Section 3.2): Tenants must obtain the landlord’s written consent before making any alterations or improvements.
• Choice of Law (Section 3.11):
• The lease agreement is governed by Hawaii law.
• Legal disputes will be resolved in the county courts where the property is located.
• Follow the Law (Section 3.14): Tenants must adhere to all federal, state, and local laws while on the property, avoiding nuisance behaviors.

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