Is it necessary to have a written lease or rental agreement in Hawaii?

A written agreement is not necessary, however, an oral agreement is normally used for a month-to-month tenancy. Oral agreements for fixed terms may not exceed 1 year in duration. The term of a tenancy can be for a fixed term (such as 6 months, 1 year, etc) or periodic (week-to-week or month-to-month). If there is no written agreement, the tenancy is month-to-month or, in the case of boarders, week to week.

What about a signed move-in move-out inspection report?

Prior to the tenant moving in, the landlord is required to make a written inventory detailing the condition of the premises and any furnishings and appliances provided. The inventory must be explicit and should include the cleanliness of the rental unit. All details should be noted, no matter how minor. Duplicate copies of the inventory shall be signed and retained by both the landlord and the tenant. If the landlord does not make this written inventory, the condition at the end of the tenancy is presumed to be the same as when the tenant first moved in, unless the landlord can prove otherwise.

Can the landlord charge a deposit?

The landlord can charge a security deposit which can be applied (i) to remedy defaults by the tenant for damages, for failure to pay rent or for failure to return keys at the end of the tenancy; (ii) to put the rental unit in as clean a condition at the end of the tenancy as at the beginning, except for normal wear and tear; or (iii) to compensate for damages by a tenant who abandons the premises. The total amount of all deposits (including pet deposits, key deposits, etc) must not exceed one month’s rent.

If the landlord has grounds to retain any of the security deposit, the landlord must notify the tenant in writing of the reasons. All costs must be itemized and copies of receipts included. The notice and any balance remaining after deductions must be given to the tenant within 14 days after the termination of the tenancy. The landlord is not required to pay interest on security deposits.

Can the landlord charge, in addition to base rent, an amount equal to the landlord’s general excise tax obligation?

Yes, the landlord must pay an excise tax of 4% for rent received because it is gross revenue. This cost may be added to the base amount, provided that the amount added and the percentage charged (no more than 4.166%) are stated and agreed to in the rental agreement.

When is rent considered late?

Rent is considered late the day after it is due.

When is the landlord allowed to increase the rent?

In a fixed-term tenancy, the rent is set by the terms of the agreement. In a month-to-month tenancy, rent may be increased if the landlord gives written notice to the tenant at least 45 consecutive days before the effective date of the increase. For tenancies which are less than month-to-month, written notice must be given at least 15 consecutive days prior to the effective date of the increase. A landlord may not give a tenant a notice of termination for the purpose of evading the landlord’s obligations to provide the required period of notice for a rental increase. There is no limit on the amount of the rent increase as there is no rent control in Hawaii.

How can a tenancy be terminated?

A fixed term tenancy terminates at the end of the term. IF the tenant continues to occupy the unit after the end of the term with the landlord’s consent, the tenancy becomes month-to-month and the following notice provisions apply.

A periodic tenancy may be terminated by either party if proper written notice of termination is given. For a month-to-month tenancy, the landlord must give the tenant at least 45 days written notice, except in the event of (i) voluntary demolition of the premises, (ii) conversion to condominium, or (iii) conversion to a transient vacation rental, in which case the landlord must give at least 120 days written notice. If the tenant wishes to terminate a month-to-month tenancy, the tenant must give the landlord at least 28 days written notice. If the landlord wishes to terminate, he/she must give the tenant at least 45 days written notice. The tenant is responsible for paying rent to the date stated in the termination notice or until the unit is re-rented, whichever comes first.

For a week-to-week tenancy, either party can terminate by giving the other party at least 10 days oral or written notice.

No notice is required to be given by a tenant if a condition exists in the premises which poses an imminent threat to health or safety.

Can a tenant assign a lease or sublet the premises?

Generally a rental agreement will stipulate that the tenant may assign the lease or sublet the premises if the landlord consents to the assignment or subletting.

When is the landlord permitted to enter the premises?

Except in an emergency, the landlord must give the tenant at least 2 days notice and, with the tenant’s approval, may enter the rental unit only during reasonable hours. The landlord must not abuse this right of access nor use it to harass the tenant. The tenant must allow the landlord reasonable entry into the unit to inspect, make repairs, and show the premises to prospective purchasers and tenants.

On what grounds can a landlord evict a tenant?

If a tenant fails to pay the rent when it is due, the landlord may give written notice that unless payment is made within 5 business days after receipt of the notice, the rental agreement will be terminated and the landlord may sue to evict the tenant. A landlord can also evict a tenant for negligence, failure to maintain the premises or unlawful use of the premises.

A landlord can sue immediately to evict a tenant and is not required to give the tenant time to correct a rule violation when:

(a) the tenant violates state or county laws relating to health and safety;
(b) the tenant or a guest or family member purposely destroys or extensively damages the premises or any part of the premises;
(c) the breaking of a house rule causes or threatens to cause injury to a person.

The landlord cannot remove a tenant from the premises (for instance, by locking them out) without cause or a court order. A landlord cannot interrupt or turn off services such as running water, hot water, electric, gas or other essential services to a tenant. A landlord cannot evict a tenant, increase the rent or decrease services as retaliation against a tenant for (i) filing a complaint concerning conditions which violate health laws, or (ii) for requesting repairs or the landlord’s compliance with any provision of the Landlord-Tenant Code.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.