Hawaii Residential Lease Agreement

This Residential Lease Agreement (this "Agreement") is made on [[Agreement Date]] by and between [[Landlord Full Legal Name(s)]] ("Landlord"), whose address for notices and identity disclosure is [[Landlord Full Address and Phone]], and [[Tenant Full Legal Name(s)]] (jointly and severally, "Tenant"). Landlord and Tenant agree as follows.

1. Definitions and Parties

"Premises" means the residential dwelling unit and any appurtenances, parking, and storage described in Section 2.

"Rent" means all amounts payable by Tenant under this Agreement.

"Lease Term" means the period specified in Section 3.

"Security Deposit" has the meaning in Section 6.

Landlord's identity and address for notices (as required by HRS §521-43): [[Landlord Name and Full Mailing Address, Phone, Email]]. If managed by an agent, the agent information is: [[Agent Name, Address, Phone]].

2. Premises; Parking; Storage; Furnishings

Landlord leases to Tenant the residential premises located at:

[[Street Address, Unit/Apt Number]]

[[City]], Hawaii [[ZIP Code]]

(the "Premises").

Parking assigned: [[Number and location of parking stalls or "None"]].

Storage: [[Description or location or "None"]].

Included furnishings and appliances: [[List or "As-is unfurnished except standard fixtures and appliances"]].

Tenant has examined the Premises (or has had the opportunity to examine) and accepts it in its present condition except as noted in a separate Move-In / Move-Out Condition Checklist (Exhibit A) to be completed at move-in.

The Premises shall be used solely as a private residence by Tenant and the permitted occupants listed in Section 8. No business or commercial use is permitted without prior written consent of Landlord.

3. Term; Possession

The Lease Term is [[Lease Term Length, e.g., 12 months]], beginning [[Lease Start Date]] and ending [[Lease End Date]], unless sooner terminated or extended as provided herein.

If Landlord cannot deliver possession on the start date due to causes beyond Landlord's reasonable control, Rent shall abate until possession is delivered. If delivery is delayed more than [[Delay Cap, e.g., 10 days]], Tenant may terminate and receive a full refund of any prepaid amounts.

At the end of a fixed term, this Agreement shall convert to month-to-month unless either party gives proper notice of non-renewal or a new written agreement is executed.

4. Rent; Payment

Tenant shall pay monthly Rent of $[[Monthly Rent Amount]], due in advance on the [[Due Day, e.g., 1st]] day of each month, without demand, deduction, or offset, payable to [[Landlord or Agent Name]] by [[Payment Method(s), e.g., check mailed to address / electronic funds / portal]] at [[Payment Address or Instructions]].

If the Term begins on a day other than the first of the month, the first month's Rent shall be prorated on a 30-day basis.

5. Late Charges; Returned Payments; Grace Period

Rent is due on the Due Day. A late charge applies if Rent is not received by the [[Grace Period, commonly 5 or as stated in lease]] day after the Due Day. The late charge shall be $[[Late Fee Amount or formula, must be reasonable]].

Any returned or dishonored payment shall incur a fee of $[[NSF Fee]] plus any bank charges.

Landlord reserves all rights and remedies; acceptance of a late or partial payment does not waive default or reinstate the tenancy after notice has been served.

6. Security Deposit (HRS §521-44)

Upon execution of this Agreement, Tenant shall pay a Security Deposit of $[[Security Deposit Amount, not to exceed one (1) month's Rent]].

An additional pet deposit of up to one month's Rent may be required if a pet is permitted: $[[Pet Deposit Amount or "N/A, no pet deposit"]].

The Security Deposit secures Tenant's performance of all obligations. Landlord may apply it to unpaid Rent, repair of damage beyond ordinary wear and tear, and cleaning to restore the Premises to move-in condition (ordinary wear and tear excepted).

Landlord shall return the Security Deposit (or remaining balance) together with an itemized written statement of any deductions within fourteen (14) calendar days after the termination of the tenancy and Tenant's vacating of the Premises and return of all keys (HRS §521-44(c)). Failure to return the deposit within 14 days when required forfeits Landlord's right to make any deductions.

Tenant may not apply the Security Deposit as last month's Rent without prior written agreement.

A separate Move-In/Move-Out Condition Checklist (Exhibit A) will be used. Tenant shall complete and return it within the time required by law or lease.

7. Utilities and Services

Tenant shall be responsible for and timely pay: [[List, e.g., electricity, gas, water/sewer (if submetered), internet, cable]].

Landlord shall be responsible for: [[List, e.g., trash, common area utilities if any]].

Tenant shall place utilities in Tenant's name effective on the Lease Start Date and shall not allow service to be disconnected. Landlord is not liable for interruptions beyond its reasonable control.

8. Occupants; Guests; Subletting

The Premises shall be occupied only by Tenant and the following additional permitted occupants: [[List names and ages or "None"]].

Guests staying more than [[Guest Limit, e.g., 14 consecutive days or 30 total in any 12 months]] without Landlord's prior written consent may be treated as unauthorized occupants and a breach.

Subletting or assignment of this Agreement or any part of the Premises is prohibited without Landlord's prior written consent (HRS §521-22). Any permitted sublease is subject and subordinate to this Agreement and the master obligations.

9. Use; Conduct; Quiet Enjoyment; Compliance with Law

Tenant shall use the Premises lawfully and for residential purposes only. Tenant shall not create a nuisance, disturb neighbors' quiet enjoyment, or violate any law, ordinance, or association rules.

Tenant shall comply with all present and future laws, rules, and the House Rules attached as Exhibit B (if any).

10. Pets

Pets are [[permitted only with prior written consent / not permitted except assistance animals required by law]].

Permitted pet(s): [[Description, number, type, or "N/A"]].

Tenant is responsible for all damage, odor, noise, or injury caused by any animal and shall comply with all pet rules. Additional pet deposit or rent may apply as stated in Section 6.

11. Smoking

Smoking of any kind (including e-cigarettes and cannabis where permitted by law) is [[prohibited inside the Premises and within [[X feet]] of entrances / permitted only in designated outdoor areas]].

Tenant is responsible for any damage or remediation caused by smoking.

12. Vehicles and Parking

Only operable, registered, insured vehicles may be parked in assigned spaces. No inoperable vehicles, storage of vehicles, or blocking of access or fire lanes. Violations may result in towing at Tenant's expense after any notice required by law or the lease.

13. Landlord's Duty to Maintain (HRS §521-42)

Landlord shall maintain the Premises in a habitable condition, comply with applicable building and housing codes, and keep structural elements, roof, plumbing, electrical, HVAC, and common areas in good working order. Landlord shall make repairs within a reasonable time after written notice from Tenant.

14. Tenant's Maintenance Obligations (HRS §521-51)

Tenant shall:

• Keep the Premises clean, sanitary, safe, and free of hazards and excessive trash.

• Properly use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in the Premises.

• Dispose of all rubbish, garbage, and waste in a clean and sanitary manner.

• Keep all plumbing fixtures clean and free of obstructions.

• Replace HVAC filters, light bulbs, smoke/CO detector batteries, and similar consumables as needed.

• Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Premises.

• Promptly notify Landlord in writing of any needed repairs or unsafe conditions.

Tenant shall pay for repair of damage caused by Tenant's, occupants', or guests' misuse, neglect, or failure to maintain.

15. Repair Requests; Emergencies

Routine written repair requests shall be submitted to [[Landlord/Agent Contact Method, e.g., email or portal]].

For life-threatening emergencies (fire, gas leak, major water intrusion threatening structure, no heat in winter, etc.), Tenant shall immediately notify Landlord by phone at [[Emergency Phone]] and take reasonable steps to mitigate damage.

16. Alterations; Fixtures; Locks; Satellite

Tenant shall not make alterations, paint, install fixtures, satellite dishes, antennas, or additional locks without Landlord's prior written consent. Tenant-installed improvements become Landlord's property upon termination unless otherwise agreed in writing. Tenant shall provide Landlord a key or access device for any changed locks.

17. Landlord's Right of Entry (HRS §521-53)

Landlord may enter the Premises:

• In case of emergency (no notice required).

• To make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

• To inspect for compliance with the lease and law.

Except in emergencies, Landlord shall give Tenant at least two (2) days' (48 hours) advance written notice of the date, approximate time (during reasonable hours), and purpose of entry, and shall enter only at reasonable times and in a reasonable manner.

Tenant shall not unreasonably withhold consent to Landlord's entry for lawful purposes.

18. Renter's Insurance

Tenant [[shall / is strongly encouraged to]] maintain renter's insurance with personal liability coverage of at least $[[Minimum Liability, e.g., 100,000]] and personal property coverage during the Term. Tenant shall provide proof upon request. Landlord's insurance does not cover Tenant's personal property or liability.

Each party waives subrogation rights to the extent of insurance proceeds.

19. Liability; Indemnity; Waiver

Except to the extent caused by Landlord's negligence or willful misconduct or violation of law, Tenant assumes all risk arising from Tenant's use and occupancy and from the acts or omissions of Tenant, occupants, and guests, and shall indemnify, defend, and hold Landlord harmless from resulting claims, damages, and costs.

20. Assignment and Subletting

Tenant shall not assign this Agreement or sublet the Premises or any portion without Landlord's prior written consent. Any attempted assignment or sublease without consent is void and constitutes a material breach.

21. Rules and Regulations; Associations

Tenant shall comply with all written House Rules (Exhibit B) and any applicable condominium or homeowners association rules, bylaws, and declarations. Landlord may adopt or amend reasonable rules on reasonable notice.

22. Damage or Destruction

If the Premises is damaged by fire or other casualty not caused by Tenant so as to be uninhabitable, Rent shall abate proportionally. If repairs cannot reasonably be completed within [[Repair Period, e.g., 60 days]], either party may terminate this Agreement upon written notice. Landlord shall use reasonable efforts to repair.

23. Condemnation

If all or a material part of the Premises is taken by eminent domain, this Agreement terminates as to the part taken. Rent shall be adjusted. Any award belongs to Landlord except Tenant may pursue separate claims for relocation or personal property if permitted by law.

24. Default by Tenant; Remedies (HRS §521-63 et seq.)

Tenant is in default if Tenant fails to pay Rent when due or materially breaches any term and fails to cure within the time allowed by law or this Agreement.

• Non-payment of Rent: Landlord may serve a 5-business-day written notice to pay or quit (HRS §521-68). If not cured, Landlord may pursue summary possession (HRS Chapter 666).

• Other material breach: Landlord may serve a 10-day notice to cure or quit (or unconditional quit for certain incurable breaches or repeat violations).

Landlord shall not engage in self-help eviction (lockouts, utility shutoffs, removal of property, threats), prohibited by HRS §521-74. Only after obtaining a court judgment and writ may removal occur through proper authorities.

After termination, Tenant remains liable for Rent for the balance of the Term, subject to Landlord's duty to mitigate by making reasonable efforts to re-rent.

25. Default by Landlord; Tenant's Remedies

If Landlord materially breaches (e.g., failure to maintain habitability) and fails to cure after written notice within a reasonable time, Tenant may pursue remedies under HRS Chapter 521, including repair-and-deduct in limited circumstances (HRS §521-64), rent abatement, termination, or damages.

26. Abandonment; Personal Property

If Tenant abandons the Premises, Landlord may take possession and dispose of personal property only as permitted by Hawaii law after any required notice.

27. Holdover

If Tenant remains after the Term without Landlord's written consent, Tenant shall pay holdover rent of $[[Holdover Daily or Monthly Rate, e.g., 1.5x or as stated]] per day or month and shall be liable for all resulting damages. Landlord may treat holdover as month-to-month or pursue eviction.

28. Surrender; Move-Out

At termination, Tenant shall:

• Remove all personal property and debris.

• Return all keys, access devices, garage openers, and remotes.

• Leave the Premises clean, undamaged (ordinary wear and tear excepted), and in the condition documented on the move-in checklist.

• Provide a written forwarding address for deposit accounting.

• Complete final utility readings and payments.

A move-out inspection will be conducted. Tenant is encouraged to be present or send a representative.

29. Notices (HRS §521-35 et seq.)

Notices to Tenant may be delivered personally, by posting in a conspicuous place on the Premises and mailing first-class, or by other methods authorized by law or the lease.

Notices to Landlord shall be sent to the address in Section 1 (or updated in writing).

To terminate a month-to-month tenancy, the terminating party must give at least forty-five (45) days' written notice (HRS §521-71) or as otherwise required.

30. Retaliation Prohibited (HRS §521-78)

Landlord shall not retaliate against Tenant for exercising rights under the Residential Landlord-Tenant Code, reporting code violations, organizing, or participating in legal proceedings.

31. Domestic Violence; Early Termination (HRS §521-21(e))

A Tenant who is a victim of domestic violence, sexual assault, or stalking may have rights to early termination upon providing appropriate documentation (protective order, police report, or qualified third-party statement). Landlord shall not disclose confidential information except as required by law.

32. Servicemembers Civil Relief Act (SCRA)

A servicemember Tenant or dependent may terminate this Agreement early upon qualifying military orders by providing written notice and a copy of orders. Termination is effective not earlier than 30 days after the next rental due date following notice.

33. Smoke and Carbon Monoxide Detectors (HRS §132-7)

Landlord certifies that operable smoke detectors are installed as required. Tenant shall test monthly, replace batteries, and not disable or remove detectors. If the Premises has fossil-fuel appliances or attached garage, CO detector requirements apply. Tenant shall notify Landlord immediately of any malfunction.

34. Waiver; Non-Waiver; Severability

No failure or delay in enforcing any term is a waiver. A waiver of one breach does not waive others. If any provision is invalid, the remainder remains in effect.

35. Entire Agreement; Amendments; Governing Law

This Agreement, including all exhibits, constitutes the entire agreement and supersedes all prior negotiations and representations. Amendments must be in writing and signed by both parties.

This Agreement is governed by the laws of the State of Hawaii, including the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521). Venue shall be in the appropriate District Court or other court having jurisdiction in the county where the Premises is located.

36. Electronic Signatures

This Agreement and any notices or amendments may be signed electronically pursuant to HRS Chapter 489E (Hawaii UETA). Electronic signatures have the same legal effect as original ink signatures.

37. Joint and Several Liability; Attorneys' Fees

Each Tenant signing is jointly and severally liable for all obligations. In any action to enforce this Agreement, the prevailing party may recover reasonable attorneys' fees and costs to the extent permitted by law (HRS §521-35).

38. Time of Essence

Time is of the essence for all dates, deadlines, and notice periods.

39. Exhibits

The following exhibits are part of this Agreement:

• Exhibit A: Move-In / Move-Out Condition Checklist

• Exhibit B: House Rules (if any)

• Exhibit C: Lead-Based Paint Disclosure and Pamphlet Receipt (if pre-1978)

• Exhibit D: Other [[as attached]]

40. Signature Block

Landlord:

_______________________________________________ Date: [[Date]]

[[Landlord Full Legal Name(s)]]

Address for notices: [[Landlord Full Address]]

Tenant(s):

_______________________________________________ Date: [[Date]]

[[Tenant 1 Full Legal Name]]

_______________________________________________ Date: [[Date]]

[[Tenant 2 Full Legal Name]], -

Sources and Verification (as of June 2026)

• Hawaii Revised Statutes Chapter 521 (Residential Landlord-Tenant Code): §§521-21, 521-22, 521-35, 521-42, 521-43, 521-44 (1-month deposit cap; 14-day return), 521-51, 521-53(a) (2-day entry notice), 521-63, 521-64, 521-68 (5-day nonpayment), 521-71 (45-day MTM termination), 521-74 (self-help prohibition), 521-78 (retaliation), and related sections.

• HRS §132-7 (smoke detectors).

• HRS Chapter 666 (summary possession).

• HRS Chapter 489E (electronic transactions).

• 50 U.S.C. §§3901 et seq. (SCRA).

• 42 U.S.C. §4852d (lead-based paint).

• 42 U.S.C. §3604 (Fair Housing Act).

• Hawaii Office of Consumer Protection Landlord-Tenant Handbook and forms.

> ⚠️ Template, not professional (legal/financial/medical) advice. This is a template only. Verify all clauses, notice periods, deposit rules, and disclosures against current HRS Chapter 521 and local requirements. Consult a Hawaii-licensed attorney. Obtain professional inspections. [[Merge Fields]] indicate user-supplied values., -

End of Hawaii Residential Lease Agreement