The tranquil and serene life in Hawaii, its strong economy, low employment rates have encouraged people to move to this state. For this, you may need the Hawaii lease agreement to occupy a residential unit to live.
Do you have a vacant unit in your residential property in Hawaii? Are you willing to rent your vacant space to a qualified tenant or entity? Or are you a tenant looking for a residential property in Hawaii?
Whether you are a landlord or tenant, you must know about the Hawaii rental agreement.
What Is a Hawaii Lease Agreement?
The Hawaii lease agreement or rental agreement form Hawaii refers to an official contract between property owner and tenant who is willing to rent property in exchange for payments.
Basically, this Hawaii rental agreement comprises specific terms and conditions that outline the legal responsibilities of both parties. Precisely, terms and conditions are related to residential or commercial property.
These Hawaii lease agreements are used by qualified tenants who want to rent space. It is to note that a common Hawaii lease agreement’s term is for a fixed period of one year.
Once both parties sign the written rental agreement Hawaii, the contract will become legally binding. Before signing an agreement, the tenant should view the rental property.
However, a written Hawaii lease agreement is required for any residential lease that is for over one year. If it is not in a written document, it will be regarded as a month-to-month oral agreement.
This Hawaii lease agreement based on shorter lease terms is convenient. However, the tenant may find it cumbersome in case any dispute arises regarding rights and obligations between the landlord and tenant.
Hawaii Landlord and Tenant Laws
Hawaii rental laws outline the rules in the state for both landlords and tenants with regards to rental lease agreements and eviction. Being a Hawaii landlord or tenant, both need to have thorough knowledge about these state laws.
For Landlords, it is important to disclose specific information in rental agreement Hawaii to potential tenants. This information can be related to the identity of an authorized person who will act on behalf of the landlord, existing damages to property, security deposits, and so on.
Under the Hawaii laws, there is a specific limit for landlords to charge tenants for security deposits that should not exceed more than one month’s rent. Similarly, landlords should inform their tenants prior when raising the rent.
Also, landlords need to give 45 days’ notice for a month-to-month rental agreement. They can terminate tenancy at any time if they find that tenant has caused irreplaceable damage to property or person or even has threatened to do so.
A landlord may file an eviction against the tenant. Landlords cannot discriminate against applicants based on their race, gender, color, disability, familial status, sexual orientation, etc.
Moreover, tenants are entitled to sue their landlords for small claims such as to return their deposits. Besides, the tenant can withhold rent to exercise their right to repair the property in case the landlord fails to repair any physical damage or defects.
Landlords should provide 2 days prior notice to enter into tenant’s house. Tenants also exercise the legal right to retaliate against the landlord due to unsafe living conditions.
Hawaii Lease Disclosures & Addendums
Below mentioned are the disclosures required for the residential Hawaii lease agreement.
- For all residential rental units in Hawaii, it is essential to provide the name and address of the landlord.
- For residential units that were built before 1978, lead-based paint disclosure should be provided.
Name and Address of Landlord
In rental agreement form Hawaii, the name and address of the landlord or any other authorized person must be disclosed in the lease agreement before the commencement of the tenancy. It is necessary to deliver any future demands and legal notices to the landlord properly.
Disclosure of Lead-Based Paint
As per federal law in the U.S., Hawaii landlords must disclose the likely risks that can be posed by lead-based paints in houses built before 1978.
- Before leasing agreement, Landlords should fill out the form of lead-based paint disclosure.
- Landlords must provide their tenants with an EPA-approved pamphlet regarding dangers posed by lead-based paint.
- Landlords must also provide additional reports or records about any hazards in the residential unit.
Optional Disclosures & Addendums
Some other optional disclosures and addendums help both landlords and tenants in avoiding future conflicts or/and any legal liability. Of note, these disclosures are not required in Hawaii lease agreements. These include:
Move-in Checklist: It requires landlords to provide a list of property damages before the tenant moves-in to the residential unit. This itemized list ensures that tenants will be held responsible for any damage during their lease term.
Use of Medical Marijuana: Before signing a lease agreement Hawaii, it is essential to ask whether medical marijuana is allowed to use on property or not. Landlords can restrict its usage for non-smoking methods and control the places where users can smoke.
Disclosure about Bed Bug: You should disclose the information about any infestation history at the rental units.
Late Rent Fees/Returned Checks: Landlords should also disclose about late feed or bounced check fees in the Hawaii lease agreement. However, the fees charged for late rent should not exceed more than 10% of the total rent.
Shared Utilities: In case there will be shared utilities on rental units, landlords must disclose about how they will be shared and how the bill will be calculated for those utilities.
If you have decided to get a house on rent, you can visit our website CocoSign where you can download a great template for Hawaii Rental Lease Agreement.
You will also find different types of templates for lease agreements. You can download any template that suits your requirements.
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