What to Include in a Hawaii Lease Agreement: Tenant Guide

Lease Agreements & Renewals Hawaii published: June 21, 2025 Flag of Hawaii

Signing a lease agreement is a big step for Hawaii renters. Understanding what should be included in your lease can protect your rights and prevent disputes with your landlord. Hawaii's specific rental laws outline the minimum requirements for a lease, ensuring both parties understand their responsibilities. Below you'll find all the essentials you need to know as a renter in Hawaii.

Required Elements of a Residential Lease Agreement in Hawaii

Under Hawaii law, a residential lease (also called a rental agreement) is a legally binding contract. It should clearly describe both the landlord’s and tenant’s rights and obligations. According to the Hawaii Residential Landlord-Tenant Code (Hawaii Revised Statutes Chapter 521), your lease agreement must include the following:

  • Names and Addresses: The name and address of the landlord (and their agent, if any).
  • Property Description: The address and description of the rental property.
  • Lease Term: Whether the rental is month-to-month, for a fixed term, or another arrangement.
  • Rent Amount and Due Date: Clearly state the monthly rent, due date, and acceptable payment methods.
  • Security Deposit Details: How much is required, where it will be kept, and the conditions for its return. (In Hawaii, security deposits cannot exceed one month’s rent.)
  • Utilities and Services: Specify which utilities (e.g., water, electricity) and services (e.g., trash collection) are included or that the tenant must pay.
  • Legal Notices: How official notices (termination, entry, repairs) must be delivered.
  • Repair and Maintenance Responsibilities: Who handles specific types of repairs and maintenance.
  • Entry Terms: Any rules about when and how the landlord may enter the property (with at least two days' notice except in emergencies).
  • House Rules: Any other rules, such as for guests, pets, or smoking.

For the full list and definitions, review Hawaii Revised Statutes Chapter 521.

Optional but Recommended Provisions

Your lease may also include:

  • Late fees and returned check penalties
  • Move-in/move-out condition checklist
  • Rules about subletting or overnight guests
  • Specifics on what alterations (if any) are allowed

Including these details can offer extra clarity and protect both you and your landlord.

Official Hawaii Rental Forms

Below are essential forms renters may encounter:

  • Notice of Termination of Rental Agreement: Used when either tenant or landlord wishes to end the tenancy. For month-to-month agreements, at least 45 days’ written notice is required (landlord) or 28 days (tenant). Full guidance and sample language are available from the Hawaii Office of Consumer Protection.
  • Landlord’s Notice of Entry: Landlords must provide at least two days' written notice before entering for repairs or inspections, unless it is an emergency. No official form is required, but renters can request written notice via the guidelines from the official Landlord-Tenant Handbook.
  • Rental Property Condition Form: Recommended, but not mandatory. This checklist documents property condition at move-in and move-out. Download a template from the State of Hawaii Condition Check List.

You can find more forms and sample letters at the Hawaii Landlord-Tenant Forms & Resources page.

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Which Tribunal Handles Disputes?

Most landlord-tenant disputes in Hawaii are handled by the Hawaii District Court’s Landlord-Tenant Division. Common complaints include disagreements over deposits, repairs, or eviction notices. You can file a complaint or defend your rights directly through your local district court.

If you feel your lease agreement is missing required details, or if you did not receive a copy after signing, you have the right to request the proper documentation and clarification from your landlord.

Hawaii Tenant Rights: What Else Should You Know?

Key additional protections under the Hawaii Residential Landlord-Tenant Code include:

  • Landlords must provide a written copy of the lease within 10 days of signing.
  • Security deposits must be returned within 14 days after you move out, minus allowable deductions.
  • Landlords cannot retaliate against you for exercising your legal rights, such as requesting repairs.

To better understand your protections, visit the Hawaii Office of Consumer Protection Landlord-Tenant page.

Frequently Asked Questions

  1. What should I do if my landlord doesn't give me a written lease?
    If your landlord does not provide a written lease, you still have tenant rights under Hawaii law. You can request a written agreement. If problems arise, keep records of all payments and communications, and contact the Hawaii Office of Consumer Protection for advice.
  2. Can rent be increased during my lease?
    For fixed-term leases, rent generally cannot be increased until renewal, unless the lease says otherwise. For month-to-month rentals, landlords must give at least 45 days' written notice before raising rent. Review the rent increase rules in Hawaii law.
  3. Are oral leases valid in Hawaii?
    Yes, month-to-month agreements can be oral or written. However, written leases provide greater protection. Either way, you have legal rights under the Hawaii Residential Landlord-Tenant Code.
  4. What happens if important lease details are missing?
    If your lease omits key information (like rent amount or address), the agreement still exists by law, but you may face misunderstandings. Ask your landlord to revise or supplement the lease to include all required elements.
  5. Where can I get official lease forms or get help with lease disputes?
    You can download sample forms and get help from the State of Hawaii Landlord-Tenant Program or file disputes at the District Court Landlord-Tenant Division.

Key Takeaways for Hawaii Renters

  • Your lease must include names, property details, rent, term, deposit info, and more.
  • Hawaii law protects tenants even without a written lease, but having everything in writing is best.
  • If disputes arise, district courts or the Office of Consumer Protection can help.

Knowing your rights under Hawaii residential rental law gives you confidence and peace of mind when signing or renewing a lease.

Need Help? Resources for Renters

  1. Hawaii Revised Statutes Chapter 521 – Residential Landlord-Tenant Code
  2. State of Hawaii Office of Consumer Protection: Landlord-Tenant Program
  3. Hawaii State Judiciary: District Court Landlord-Tenant Division

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
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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