Roommate Agreement in Hawaii

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What Hawaii law says

Roommate not on the lease	A "tenant" is any person who occupies a dwelling unit for dwelling purposes under a written or oral rental agreement. Hawaii's courts have held that a roommate who shares the unit with the leaseholder—without exclusive possession, a right to assign, or a fixed term—may be a licensee of that roommate rather than a sublessee, holding a license revocable at will that ends when the leaseholder's interest ends. Whether a roommate is a subtenant or a licensee depends on the terms of the arrangement. Source: HRS § 521-8 (definitions of rental agreement, tenant); 109 Haw. 296, 126 P.3d 339 (2005) (case note to § 521-8)
Removing a roommate or subtenant	A "landlord" includes a sublessor, so a leaseholder who sublets to a roommate under a rental agreement must end the tenancy with the Code's written notice (for example, 45 days for a month-to-month tenancy from the landlord, 10 days if the tenancy is shorter than month to month) and then bring a summary possession case in district court if the roommate stays. Removing or excluding a tenant overnight without cause or a court order lets the tenant recover possession or end the agreement, plus two months' rent and attorney's fees. If the roommate is only a licensee of the leaseholder, different rules may apply (see the case note to HRS § 521-8). Source: HRS §§ 521-8 (landlord), 521-71(a), (d), (e), 521-63(c); 666-1

Roommate not on the lease

A "tenant" is any person who occupies a dwelling unit for dwelling purposes under a written or oral rental agreement. Hawaii's courts have held that a roommate who shares the unit with the leaseholder—without exclusive possession, a right to assign, or a fixed term—may be a licensee of that roommate rather than a sublessee, holding a license revocable at will that ends when the leaseholder's interest ends.

Whether a roommate is a subtenant or a licensee depends on the terms of the arrangement.

Source: HRS § 521-8 (definitions of rental agreement, tenant); 109 Haw. 296, 126 P.3d 339 (2005) (case note to § 521-8)

Removing a roommate or subtenant

A "landlord" includes a sublessor, so a leaseholder who sublets to a roommate under a rental agreement must end the tenancy with the Code's written notice (for example, 45 days for a month-to-month tenancy from the landlord, 10 days if the tenancy is shorter than month to month) and then bring a summary possession case in district court if the roommate stays. Removing or excluding a tenant overnight without cause or a court order lets the tenant recover possession or end the agreement, plus two months' rent and attorney's fees.

If the roommate is only a licensee of the leaseholder, different rules may apply (see the case note to HRS § 521-8).

Source: HRS §§ 521-8 (landlord), 521-71(a), (d), (e), 521-63(c); 666-1

Fill it in

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · Hawaii tenant rights

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.