Hawaii Month-to-Month Rental Agreement
A Hawaii month-to-month lease agreement is a contract between landlord and tenant that establishes a tenancy-at-will. This residential lease differs slightly from a fixed-term lease in that there is no specific end date, allowing the landlord or tenant to proactively end the agreement by providing proper notice to the other party.
Month-to-month lease agreements are often called “rental agreements,” as the intended duration is typically short-term. These rental contracts can be a flexible option for landlords and tenants who do not want to commit to a full year or longer.
Hawaii Month-to-Month Lease Agreement
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Hawaii Lease Agreement
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Hawaii Landlord-Tenant Law: Overview of Rights 2024
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Hawaii Month-to-Month Lease Laws
Every state passes and maintains its own regulations around renting out property, and Hawaii is no different. Hawaii month-to-month lease agreements must abide by the state’s landlord-tenant laws to be considered legally valid in a court of law.
In this guide we’ll review Hawaii’s month-to-month lease agreements and provide an overview of the state’s landlord-tenant laws that affect both owners and renters, including:
- Mandatory landlord disclosures
- How to terminate a month-to-month rental agreement
- Rent increases and how they apply to month-to-month leases
- Security deposits and how landlords should manage them
- Pet deposits, pet rent, and the limitations
- Grace period and late fees for late rent payments
Required Landlord Disclosures (4)
When entering into a new lease agreement, landlords must provide the new tenant with certain disclosures dictated by Hawaii landlord-tenant law, including:
- Lead-based Paint: For all units constructed before 1978, landlords must inform tenants of the presence or knowledge of lead-based paint or lead-based paint hazards according to federal law.
- Move-in checklist: Landlords in Hawaii must provide tenants with a detailed list of the property condition upon move-in (HRS § 521-42(a)).
- Landlord contact info: Hawaii landlords must list the name and address of the person authorized to manage the property (HRS § 521-43(a)).
- On Island Agent: If Landlord does not live on the island where the Premises is located, Landlord must appoint an on-island agent for such property. The name and address of each person authorized to manage the premises must be given to the tenant, in writing, and must be kept current (H.R.S. 521-43(F)).
- Excise tax: If applicable, landlords must give tenants the landlord’s excise tax number for the tenant to become eligible to claim the low-income tax credit (HRS § 521-43(h)).
Required Notice to Terminate Month-to-Month Agreement
Since there is no specific end date for a month-to-month lease agreement, each state establishes its own required notice period to end a rental contract.
In Hawaii, the notice period is:
Required notice for the landlord: Landlords must give Hawaii tenants 45 days of notice.
Required notice for the tenant: Tenants must give at least 28 days’ notice (HRS § 521-71).
Rent Increase Laws
While Hawaii has no rent control or stabilization laws, rules exist around how landlords can raise rent.
For fixed-term leases, landlords cannot increase rent until the end of the rental period unless a provision within the lease specifically allows for it. For month-to-month leases, landlords must give at least 45 days of written notice before increasing rent.
Rent Payment Laws
Grace period: Hawaii does not impose a mandatory grace period for late rent payments.
Late rent fees: Landlords in Hawaii can charge up to 8% of the total rent price for late fees (HRS § 521-21(f)).
Tenant’s right to withhold rent: If a landlord fails to make necessary repairs within 5 days of a tenant requesting them, the tenant may field repair estimates from at least two companies. From there, they can accept the lower bid and deduct up to one month’s rent for the work. The tenant must provide detailed receipts to the landlord if they choose this option (HRS § 521-64).
Pet rent laws: Hawaii landlords can charge pet rent, but they must disclose the terms within the lease agreement.
Security Deposit Rules
Maximum security deposit: Landlords can charge up to one month’s rent in Hawaii for security deposits (HRS § 521-44(b)).
Security deposit receipt: Landlords in Hawaii do not have to give tenants a receipt or the security deposit.
Deduction tracking: If a landlord intends to withhold funds from the tenant’s security deposit, they must give them a written list of the deductions within 14 days of the tenant moving out, including cost and estimate of repairs (HRS § 521-44(a)).
Returning a tenant’s security deposit: Landlords must return the security deposit within 14 days of the tenant leaving the property (HRS § 521-44(c)).
Pet deposit rules: Landlords can charge a pet deposit, as long as the total deposit, combined with the security deposit, does not exceed one month’s rent (HRS § 521-44).
Property Access Regulations
Advance notice: Hawaii landlords must give tenants at least 2 days of notice before entering the rental unit (HRS § 521-53(b)).
Immediate access: If an emergency arises, landlords may enter the unit without providing any advance notice (HRS § 521-53(b)).
Landlord harassment: If a landlord does not follow access laws and repeatedly enters a tenant’s unit, the tenant may be able to pursue legal action against the landlord and possibly break their lease early without penalty (HRS § 521-53(b)).
Rental Agreement Violations
Missed rent payment: Once a rent payment is late, landlords may issue the tenant a 5-day Notice to Pay or Quit (HRS § 521-68(a)).
Lease violation: If the tenant commits a lease violation, the landlord may issue a 10-day Notice to Cure or Quit (HRS § 521-72).
Self-help evictions: Landlords should only follow the legal eviction process when removing a tenant, as self-help evictions are illegal in Hawaii.
Lease abandonment: Tenants that end a lease early without a legally recognized reason could be liable for making rent payments for the remainder of the lease (HRS § 521-70(2)).
Hawaii Month-to-Month Lease Agreement FAQs
What is a Hawaii month-to-month lease agreement?
A Hawaii month-to-month lease agreement is a flexible contract between landlord and tenant that establishes a tenancy-at-will with no fixed end date.
What’s the difference between a fixed-term lease and a month-to-month agreement?
A Hawaii fixed-term lease has a specific end date when the rental period expires, whereas a month-to-month lease agreement renews automatically at the end of each month and can be terminated with proper notice. Check out TurboTenant for state-specific month-to-month lease agreement templates for a guide.
How do you end a Hawaii month-to-month lease agreement?
Tenants can end a month-to-month lease by providing landlords with at least 28 days of written notice. Landlords can end the lease by providing 45 days of written notice to the tenant.
