How to Transfer a Lease to a New Tenant in Hawaii

Navigating a lease transfer in Hawaii can be a major stress point if your plans change or you need to move before your lease ends. As a renter, it's important to know your rights and responsibilities under Hawaii law, as well as the proper steps and paperwork. This guide explains the process for transferring a lease to a new tenant (often called "assigning" a lease), so you can avoid penalties and maintain a good rental history.

Understanding Lease Transfers (Lease Assignment) in Hawaii

Transferring a lease—also known as a lease assignment—means that you (the current tenant) are asking to permanently transfer your rights and obligations under your rental agreement to a new tenant. The new tenant then becomes responsible for the lease going forward.

What Does Hawaii Law Say?

Under the Hawaii Residential Landlord-Tenant Code, a lease cannot be transferred or assigned to someone else unless the landlord gives express written consent. This means you must have your landlord's approval before proceeding.^[1]

Common Reasons for Wanting to Transfer a Lease

• Job relocation or moving out of state
• Personal or family emergencies
• Major financial changes
• Needing a different living arrangement before lease expiry

Generally, transferring your lease is a way to avoid early termination fees while ensuring your rental obligations are covered.

Steps for Transferring a Lease in Hawaii

While the process is straightforward, it does require clear communication and paperwork. Here are the usual steps for a lease transfer or assignment:

• Review your lease: Check if your rental agreement prohibits or allows lease transfers. Many leases require written permission from the landlord.
• Request landlord approval in writing: Draft a formal letter or email asking your landlord for permission to assign the lease. Clearly state your reasons and, if possible, the new tenant’s details.
• Find a qualified new tenant: The landlord is usually allowed to screen the new tenant for creditworthiness, rental history, and other standard qualifications.
• Complete a Lease Assignment Agreement: Both you, the incoming tenant, and the landlord should sign an assignment form or agreement stating that the new tenant is assuming the lease. Hawaii does not have a standard state-issued lease assignment form, but many sample templates are available through legal aid services or property management offices. The agreement should specify:
  • The effective date of assignment
  • All obligations being transferred
  • Signatures of current tenant, new tenant, and landlord
• Conduct a move-out inspection: It's wise to document the unit's condition so there are no disputes over security deposits.

Forms and Official Guidance

• Request for Lease Assignment (no form number): While Hawaii does not provide an official lease assignment form, renters may use a written letter or lease assignment agreement template, available from organizations like Legal Aid Society of Hawaii. Example: If you must move for work, you can write a letter to your landlord seeking permission and naming your replacement tenant.
• Move-Out Inspection Form (optional): Use an inspection checklist to record the condition of your unit before the new tenant takes over. This protects your security deposit. A sample can be found via the Hawaii Landlord-Tenant Handbook (see Appendix).

If your landlord unreasonably denies your request, you may have grounds to file a complaint with the Hawaii Department of Commerce and Consumer Affairs (DCCA).

What Happens After the Transfer?

Once the assignment is complete and signed by all parties, the new tenant takes on all rental obligations. The original tenant is generally released from liability, but check your lease agreement—in some cases, you may have continuing responsibility unless the landlord releases you in writing.

Who Handles Lease Disputes in Hawaii?

The Hawaii Residential Landlord-Tenant Information Center (operated by the DCCA) provides guidance and may help resolve disputes. For formal legal disputes, the Hawaii District Court - Landlord-Tenant Court is the correct authority.

FAQ: Lease Transfers in Hawaii

1. Can my landlord refuse to let me transfer my lease?
   Yes. Hawaii law requires the landlord’s written approval for any lease assignment. Landlords cannot unreasonably withhold consent unless the lease says otherwise.
2. Am I still responsible for rent after the lease is assigned?
   Usually, once the landlord signs the assignment agreement, the new tenant takes over all lease obligations. However, your lease could specify otherwise—always get written release from liability.
3. Do I need a special form to transfer my lease?
   No official Hawaii government form exists, but a written agreement signed by all parties is required. Sample forms are available from rental advocacy groups.
4. What if the new tenant misses rent payments?
   If the lease assignment is properly signed and you have been released in writing, the landlord cannot pursue you for missed rent. Otherwise, you may remain responsible.
5. Where can I get more help with lease transfers?
   Contact the Hawaii Residential Landlord-Tenant Information Center for guidance and dispute resolution.

Key Takeaways: What to Remember

• Hawaii law requires written landlord approval for lease transfers.
• No official state-issued lease assignment form exists—use a written agreement signed by all parties.
• Always get a written release if you want to fully end your obligations under the lease.

Following these steps helps protect your rights whether you are leaving early or taking over a lease from another tenant.

Need Help? Resources for Renters

• Hawaii Residential Landlord-Tenant Information Center – Main resource for landlord-tenant questions, forms, and complaints
• Hawaii District Court: Landlord-Tenant Information – For filing disputes over rental agreements or assignments
• Legal Aid Society of Hawaii: Landlord/Tenant Information – Free legal help for qualifying renters
• Hawaii Landlord-Tenant Handbook – Comprehensive state guide to rental rights, security deposits, and lease terms

---

1. Hawaii Residential Landlord-Tenant Code (Haw. Rev. Stat. §§ 521-1 to 521-78), see especially Section 521-37 regarding assignments and subleases.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations