Hawaii Residential Lease Agreement
A free Hawaii lease template, plus what Hawaii law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Hawaii requires
| Owner and manager names and addresses | At or before the tenancy begins, the landlord must disclose in writing the name and address of each person authorized to manage the property and of each owner (or the owner's authorized agent) for service of legal papers and for receiving rent, notices and demands. The information must be kept current and binds any later landlord, owner or manager. A person who fails to make the disclosure becomes the landlord's agent for those purposes. In multi-unit buildings the information may instead be posted (in every elevator and one other conspicuous place, in two conspicuous places if there is no elevator, or inside the unit). Applies to: all residential tenancies Source: HRS § 521-43(a)-(c), (g) |
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| On-island agent for out-of-state or off-island owners | An owner or landlord who lives outside Hawaii or on a different island from the rental unit must name in the written rental agreement an agent who lives on the same island as the unit. For an oral agreement, this must be given to the tenant in writing on request. Applies to: owners/landlords living out of state or on another island Source: HRS § 521-43(f) |
| General excise tax number | The landlord must give all tenants the landlord's general excise tax number so tenants can claim the low-income household renters' tax credit. Applies to: all residential landlords Source: HRS § 521-43(h) |
| Move-in inventory and condition report | Before the tenant first moves in, the landlord must inventory the unit and record in writing the condition of the premises and any furnishings or appliances provided. Landlord and tenant sign duplicate copies and each tenant gets one. If no inventory is made, the unit's condition at move-out is presumed to be the same as at move-in (the presumption can be rebutted). Applies to: all residential tenancies Source: HRS § 521-42 |
| Landlord rules | A tenant must follow landlord rules on use, occupancy and maintenance only if the rules were brought to the tenant's attention when the rental agreement was made, or later with the tenant's written consent if they substantially change the bargain. Rules must serve a legitimate purpose, apply fairly to all tenants and be clear enough for the tenant to know what is required. Applies to: all residential tenancies Source: HRS § 521-52 |
Terms Hawaii law requires or controls
| Late fee cap | If the rental agreement provides for a late charge, it may not exceed 8% of the rent due. Applies to: leases with a late charge Source: HRS § 521-21(f) |
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| Rent payment terms (defaults) | Rent is due when and where the parties agree. If the agreement is silent, rent for a term of one month or less is due in full at the start of the term, and for longer terms in equal monthly installments at the start of each month. Without agreement on the amount, the tenant owes the fair rental value. Applies to: all residential leases Source: HRS § 521-21(a)-(b) |
| Move-in payments and deposits | At the start of the tenancy the landlord may collect only the first month's rent and a security deposit of no more than one month's rent. A separate pet deposit of up to one month's rent may be agreed only if a pet will live in the unit, and never for an assistance animal that is a reasonable accommodation. Applies to: all residential leases Source: HRS § 521-44(b) |
| Attorney fee clauses | A rental agreement may make the tenant pay court costs and reasonable attorney fees for unpaid rent, but the fees may not exceed 25% of the unpaid rent and apply only after default and referral to an outside attorney. For other disputes the lease may award fees and costs to the prevailing party. A provision that breaks these limits is unenforceable. Applies to: leases with an attorney-fee clause Source: HRS § 521-35 |
| Subletting | Unless a written rental agreement says otherwise, a tenant may sublet or assign without the landlord's consent. A written lease can require the landlord's consent. (The default does not apply to government-owned or subsidized housing.) Applies to: all residential leases Source: HRS § 521-37 |
| Tenant-performed repairs | Landlord and tenant may agree that the tenant will do specified repairs, maintenance or minor remodeling only if the agreement is made in good faith and not to evade the landlord's duties, the work is not needed to fix the landlord's own health-and-safety code violations, and it does not reduce the landlord's duties to other tenants. Applies to: leases that shift repair duties to the tenant Source: HRS § 521-42(b) |
Clauses that are void in Hawaii
| Waiver of rights | Except where the Residential Landlord-Tenant Code says otherwise, neither tenant nor landlord may waive or agree to give up rights or remedies under the Code. Applies to: all residential leases Source: HRS § 521-31(a) |
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| Landlord liability waiver / hold harmless | A rental agreement clause that releases or limits the landlord's liability for injury or property damage caused by the landlord or its agents or employees, or that requires the tenant to hold the landlord harmless for that liability, is void. Applies to: all residential leases Source: HRS § 521-33 |
| Confession of judgment | A tenant may not authorize anyone to confess judgment on a claim arising from the rental agreement; any such authorization is void. Applies to: all residential leases Source: HRS § 521-34 |
| Eviction for medical cannabis use | A lease clause allowing eviction of a tenant who holds a valid medical cannabis certificate for using medical cannabis is void, except that a lease allowing eviction for smoking tobacco may also apply to smoked medical cannabis. The rule does not apply where condominium or planned community governing documents prohibit medical cannabis use. Applies to: all residential leases Source: HRS § 521-39 |
| Political signs | In a rented single-family home, the landlord may not ban an otherwise legal sign supporting or opposing a candidate or ballot issue, apart from reasonable health and safety restrictions. Applies to: single-family residence rentals Source: HRS § 521-52 |
Format and delivery rules
| Copy of written lease | If the rental agreement is in writing, the landlord must give the tenant a copy. Applies to: written rental agreements Source: HRS § 521-43(d) |
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| Rent receipts | The landlord must give a written receipt for rent paid; a canceled check counts. If rent is paid by check, a receipt is required only if the tenant asks. Applies to: all residential tenancies Source: HRS § 521-43(e) |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Hawaii law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Hawaii law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Hawaii law (HRS § 521-21(f)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the Hawaii limit (HRS § 521-44(b)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Hawaii law sets (HRS § 521-44(c)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Hawaii law requires (HRS § 521-53), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Hawaii law requires.
14. Late fee cap. (Write this clause to meet Hawaii law: see "Late fee cap" above (HRS § 521-21(f)).)
15. Rent payment terms (defaults). (Write this clause to meet Hawaii law: see "Rent payment terms (defaults)" above (HRS § 521-21(a)-(b)).)
16. Move-in payments and deposits. (Write this clause to meet Hawaii law: see "Move-in payments and deposits" above (HRS § 521-44(b)).)
17. Attorney fee clauses. (Write this clause to meet Hawaii law: see "Attorney fee clauses" above (HRS § 521-35).)
18. Subletting. (Write this clause to meet Hawaii law: see "Subletting" above (HRS § 521-37).)
19. Tenant-performed repairs. (Write this clause to meet Hawaii law: see "Tenant-performed repairs" above (HRS § 521-42(b)).)
20. Disclosures attached. Landlord has given Tenant these disclosures required by Hawaii law: Owner and manager names and addresses; On-island agent for out-of-state or off-island owners; General excise tax number; Move-in inventory and condition report; Landlord rules. [Attach each one.]
21. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
22. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.