Hawaii Lease Agreement

A Hawaii lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities. To be legally valid, the lease must follow Hawaii landlord-tenant laws (Chapter 521 of the Hawaii Revised Statutes – HRS). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in Hawaii commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms remain the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party gives at least 45 days’ written notice to terminate or modify the lease (Haw. Code § 521-71).
• Sublease Agreement: Allows a tenant to rent out the property to a subtenant, but only with the landlord’s written approval.
• Commercial Lease: Used for business properties such as offices or storefronts and governed by separate commercial leasing laws.

To make a Hawaii lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms: Deposit amount, refund policy, and deductions (Haw. Code § 521-44). The security deposit cannot exceed one month’s rent and must be returned within 14 days after move-out with an itemized list of deductions.
• Hawaii Required Disclosures: Lead-based paint disclosures (for properties built before 1978) and flood zone disclosure (if located in a FEMA-designated flood zone).
• Signatures of Both Parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under Hawaii law:

• Lease Agreement: Usually covers a fixed term (for example, one year). Rent and terms cannot change until the lease ends unless both sides agree in writing.
• Rental Agreement (Month-to-Month): Typically runs month-to-month and renews automatically. Either party may end it with 45 days’ written notice, and landlords can adjust terms with proper notice (Haw. Code § 521-71).

No, under Hawaii landlord-tenant laws (Chapter 521 HRS), a landlord cannot increase rent during a fixed-term lease unless the lease explicitly allows it. For month-to-month leases, landlords may raise rent or change terms, but must give at least 45 days’ written notice before the next rental period begins (Haw. Code § 521-71).

If a tenant ends their lease early in Hawaii, they may still be financially responsible for paying rent until the lease ends or until the landlord finds a new tenant. Under Hawaii landlord-tenant laws (Chapter 521 HRS), landlords must make reasonable efforts to re-rent the property to reduce financial loss—this is called “mitigating damages.”

In Hawaii, lease renewal and termination depend on the type of lease:

• Fixed-Term Lease:
  • Ends automatically on the expiration date unless both parties agree to renew.
  • Renewals should always be completed in writing, either through a new lease or a signed addendum.
  • Early termination is not allowed unless both sides consent or a legal exception applies (Haw. Code § 521-61).
• Month-to-Month Lease:
  • Automatically renews monthly until someone gives proper notice.
  • Either landlord or tenant may terminate the agreement with 45 days’ written notice before the next rental period (Haw. Code § 521-71).

Yes, a Hawaii lease agreement can be modified after signing, but only if both the landlord and tenant agree in writing. Any changes must be added as a lease addendum that clearly explains the modification (such as rent changes, pet policies, or additional occupants). Both parties must sign and date the addendum, and modifications must comply with Hawaii landlord-tenant laws (Chapter 521 HRS).