Hawaii Room Rental Agreement

Required Landlord Disclosures

Whenever a new lease is signed (even a room rental agreement), Hawaii landlords must disclose specific information to the tenant, as required by Hawaii landlord-tenant law. These disclosures include:

1. Lead-based paint: All landlords with units built before 1978 must disclose any known presence of lead-based paint or lead-based paint hazards on the property.

2. Move-in checklist: When a new lease is signed, the landlord and tenant must complete a move-in checklist. This checklist outlines the property’s current physical condition before the tenant moves in (HRS § 521-42(a)).

3. Landlord contact info: The landlord must disclose the name, address, and phone number of the property owner or agent responsible for managing the property to the tenant (HRS § 521-43(a)). If the owner lives off the island where the property is located, they must designate an on-island agent and disclose that contact information. (HRS 521-43(f)).

4. Excise tax: Landlords must provide the excise tax number to tenants so they can claim the low-income tax credit, if eligible (HRS § 521-43(h)).

Security Deposits

Maximum security deposit: Hawaii landlords can charge up to one month’s rent for a security deposit (HRS § 521-44(b)).

Security deposit receipt: Hawaii landlords are not required to give tenants a receipt after collecting a security deposit.

Deduction tracking: Landlords may deduct from the security deposit to cover certain expenses and must provide the tenant with an itemized list of charges within 14 days of move-out (HRS § 521-44(a)).

Security deposit return: Landlords must return the security deposit within 14 days after the lease ends.

Pet deposits: Pet deposits are allowed if the total amount, including the security deposit, does not exceed one month’s rent. Landlords may not collect pet deposits for service animals or emotional support animals (HRS § 521-44).

Rent Payment Regulations

Late rent fees: Hawaii landlords may charge up to 8% of the monthly rent as a late fee (HRS § 521-21(f)).

Right to withhold rent: Tenants may withhold rent if the landlord fails to make necessary repairs within five days of notice. The tenant must get estimates from at least two companies and accept the lower bid. They can then deduct up to one month’s rent for the repairs. The tenant must also give the landlord detailed receipts for the completed work (HRS § 521-64).

Grace period: Hawaii does not require a mandatory grace period for late rent.

Pet rent: Hawaii landlords may charge a pet rent fee, except for service animals and emotional support animals. The landlord must include this fee in the lease agreement.

Rent Payment Increase Rules

Rent payment increase frequency: By default, Hawaii does not limit how often landlords can raise rent. For fixed-term leases, rent increases can only happen at the end of the term unless the lease allows otherwise. For month-to-month leases, landlords may raise rent at any time with 45 days of written notice (HRS § 521-21).

Rent payment increase maximum: Hawaii does not limit rent increases.

Rent control/stabilization: Hawaii has no statewide rent control requirements.

Room Rental Agreement Breaches

Failure to pay: If a tenant misses a rent payment on a room rental agreement, Hawaii landlords may issue a 5-day Notice to Pay or Quit (HRS § 521-68(a)).

Lease violations: For a lease violation, Hawaii landlords can give the tenant a 10-day Notice to Cure or Quit (HRS § 521-72).

Lease abandonment: Tenants who abandon a Hawaii room rental agreement may be held liable for the remaining rent on the lease or until the landlord finds a new tenant.

Self-help evictions: Landlords must follow proper eviction procedures. Self-help evictions are illegal in all 50 states.

Ending a Room Rental Agreement

To end a room rental agreement, Hawaii landlords must follow the same process for a house or apartment. They must give proper notice or wait for the fixed-term agreement to end naturally. Here are the rules under Hawaii landlord-tenant law:

Month-to-month: Tenants may end a month-to-month room rental agreement with 28 days’ notice. Hawaii landlords must give at least 45 days’ written notice to terminate (HRS § 521-71).

Fixed-term: Fixed-term leases end only on the last date listed in the agreement unless specific circumstances apply or the lease includes an early termination clause.

Tenant’s right to terminate: The tenant can end a fixed-term room rental agreement early if they meet a qualifying condition. These include entering active military duty, becoming a victim of domestic violence, tenant death, or landlord harassment.

Landlord Room Access Laws

Immediate access: Landlords may enter a room without notice if an emergency occurs (HRS § 521-53(b)).

Landlord harassment: If the landlord repeatedly enters the rental unit without giving sufficient notice, they could be liable for landlord harassment, allowing the tenant to break their lease early without penalty (HRS § 521-53(b)).

Advance notice: Hawaii landlords must give the tenant at least 2 days’ notice before entering the rented room (HRS § 521-53(b)).

Agreement Renewal/Termination

Required renewals: Hawaii landlords are not required to renew a tenant’s lease when it ends.

Required notice: If the landlord does not plan to renew a fixed-term lease, they must give the tenant at least 45 days’ notice (HRS § 521-71).

Month-to-month considerations: Either party may end a month-to-month lease. The landlord must give 45 days’ notice, while the tenant must give 28 days’ notice (HRS § 521-71).