Free Hawaii Residential Lease Agreement
Start a comprehensive and legally binding Hawaii lease agreement to rent real estate you own to one or more tenants. Get guidance on each step and expert tips with the help of our contract maker.
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What is a Hawaii Residential Lease Agreement
This legally binding contract should also define which situations constitute lease violations, and what the eviction procedures would be in any of those scenarios. Lease agreements are of a longer duration than rental agreements, but they’re otherwise similar in purpose and structure.
It’s important to note that lease agreements need to comply with any lease-related laws in the state where the property is located.
Types of Hawaii Lease Agreements
Before starting a HI lease agreement, it is important to know which type to create. There are many distinct varieties of these legal instruments, and each deals with a different type of rental situation.
The most common types of lease agreements in Hawaii include:
Standard residential lease agreements: Under a standard lease agreement both the landlord and tenant commit to a fixed set of terms that last for a series of months or years.
Rent-to-own lease agreements: Lease agreements with rent-to-own options are designed for tenants that wish to buy the property they are renting. This requires them to pay a sum of money each month, in addition to rent, to cover the costs of the principal.
Month-to-month rental agreements: Month-to-month lease agreements will often have similar basic terms to standard residential lease contracts. However, they differ as they can be renewed or ended on a month-by-month basis. Their terms may also be flexibly altered each month.
Commercial lease agreements: Commercial leases are provided by landlords of retail property to tenants that intend to use the real estate to run a business.
Roommate agreement: In rental properties with shared living areas, a room rental agreement can be used to rent a singular bedroom.
Sublease agreement: AHawaii sublease agreement allows tenants to reassign or ‘sublease’ the property to another individual. This requires the property landlord’s permission and must be specifically allowed in the original lease.
Hawaii Lease Addendums and Disclosures
Lease agreements need to include certain disclosures and addendums. These can vary significantly depending on the state in which the property is located. The following overview contains all the essential addendums for HI lease agreements:
|Disclosure/Addendum||Information That Must Be Disclosed|
|Authorized persons identification||Landlords must disclose on the contract who will be allowed on the premises, such as agents, managers, or cleaners.|
|Lead paint disclosure||Whether or not lead paint can be found on the premises (if the building was constructed before 1978).|
|Property condition||Landlord must provide a copy of the property conditions in addition to any furnishings or appliances|
Hawaii Lease Agreement Laws
Hawaii lease agreements must be written according to the laws of HI state, to ensure that they are legally binding and hold up in court. These regulations will determine what terms you can include in the contract alongside matters such as eviction procedures.
The most relevant laws to take into consideration when renting a property in Hawaii are:
Security deposits: In Hawaii,landlords are not legally allowed to charge more than one months’ rent if the property is a non-rent control unit (§ 521-44(5)(b)). This amount must then be returned to the tenant no more than 14 days after they vacate the property and give back the keys. The tenant must also be informed in advance of any deductions, and an extra security deposit fee can be added if the tenant has a pet.
Landlord’s right to enter: Landlords need to give two days’ advance notice before entering the rental property.
For more specific information on residential lease agreements in Hawaii, consult the HI landlord-tenant code.
Hawaii Residential Lease Agreement Sample
Before beginning the process of creating a residential lease agreement in Hawaii it is sensible to review an example document first. Use our HI lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.
Other Real Estate Documents
Besides lease agreements, there are various other legal documents that are commonly used by landlords. If you are the owner of a rental property, one of the following forms may be helpful for you:
FAQs About Hawaii Lease Agreement
It is important to carefully prepare a HI lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little simply review our FAQs below to learn more about the specificities of rental contracts in Hawaii. We also recommend consulting the HI landlord-tenant handbook for additional information.
How to Write a HI Lease Termination Letter?
If either the landlord or tenant for any reason needs to terminate a Hawaii lease agreement early, they must provide the correct amount of notice in a written HI lease termination letter.
This letter needs to contain the following information:
The name of the landlord and the tenant
The date the letter has been written and signed
The name and address of the property in question
Information explaining why the tenancy needs to be terminated early
The reason the lease is being broken
The date that the resident will vacate the property
Acknowledgment of any penalties that will be incurred
Signature of the signing party
What Are the Advantages of a Written Lease?
It’s important to have a written HI lease agreement in operation whether you are a landlord or a tenant. There are many advantages to having a formal contract for a rental property such as the right to recourse if the terms are violated and the protection of important legal rights for rental property owners and residents.
Do I Need to Notarize my Hawaii Residential Lease Agreement?
It is not necessary to notarize a Hawaii residential lease agreement. However, whilst this might not be a legal requirement in HI state, signees are still advised to consider this step to provide further legal enforceability.
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