Ready to settle in Hawaii? How about a look at the lease agreements and the details in the rental lease agreement in Hawaii?
Residential Lease Agreement in Hawaii is a necessary document that is essential for every tenant and landlord. Hawaii residential lease agreement is a legal instrument that ensures proper, lawful usage of the property and eliminates any disputes. Here are a few clauses that must be carefully studied before signing the agreement:
Notices and Entry
When terminating fixed-end date leases, the termination is automatic, and there is no notice requirement.
On annual leases, there are no statutes on notices.
For monthly leases, a landlord gives 45-days’ notice, and the tenant gives 28-days’ notices. All notices in writing.
For weekly leases, a 10-day notice is required, and immediate termination of tenancy is allowed.
In case of non-payment, there is a 5-days’ notice or quitting,
If the landlord wishes to terminate a lease because of condo termination, a 120-days’ notice to the tenant must be provided
For lease violations and nuisances, the termination notices are 10 and 5-days’ long although the landlord has to wait for 20 more days before filing for eviction in case of lease violations.
Termination can take place at the beginning of tenancy according to 521-42(a) and (§521-62).
There is no statute governing notice of date/ time move out inspection.
There is a two-days required notice before entry
Entry is also allowed, with notice for repairs and maintenance, showings, and emergency entry is also acceptable without notice.
In case of a tenant’s extended absence, a landlord may require a notice.
There is no statute for notifying tenants on pesticide use
Lockouts and utility shutoffs aren’t allowed
Lease, Fees, and Rent
In the state of Hawaii, the rental lease agreement states that rent is due at the beginning of the month unless otherwise agreed. For rent increases on monthly leases, a 45-days’ notice is required before the effective, AND 15-days’ written notices on weekly leases.
There is no statute on rent grace period, but late fees are allowed.
Landlords do not require prepayments more than the allowed deposits and first-month rent unless this is agreed upon.
Though unconfirmed, tenants pay $30 for returned check fees.
If a tenant follows the outlined process, they can withhold rent if the landlord fails to provide essential services.
A tenant can repair and deduct but only if the landlord fails to remedy the conditions after a week following written notification by the health department
The landlord can recover court and attorney fees.
A landlord can make reasonable attempts to mitigate damages to the lessee including any attempts to re-rent((§521-70(d)).
There are no statutes on abandonment or early termination fees.