Landlord Tenant Handbook - Hawaii

1 INTRODUCTIONThis Handbook for the Hawaii Residential Landlord - Tenant Code is published by theOffice of Consumer Protection, a division of the State Department of Commerce andConsumer Affairs. It is designed to be a useful guide for all Hawaii residents andattempts to address the questions and concerns most frequently expressed by landlordsand Handbook HIGHLIGHTS AREAS OF THE Landlord - Tenant CODE. ITDOES NOT DUPLICATE OR EXPLAIN THE COMPLETE TEXT OF THE DESIRING TO REVIEWTHE COMPLETE TEXT OF THE HAWAIIRESIDENTIAL Landlord - Tenant CODE SHOULD OBTAIN A COPY OFCHAPTER 521, Hawaii REVISED Hawaii Residential Landlord - Tenant Code is the name of Chapter 521, of theHawaii Revised Statutes (HRS).

2 The section numbers that are cited throughout thishandbook refer to the sections of Chapter 521. This Handbook is for informational andreference purposes only, and does not provide legal advice. The information in thishandbook is subject to organization ofthis Handbook is based upon the same general categories thatappear in the Code. The reader may note that the recurrent intent of the Code is equaljustice for both landlords and tenants. Much of the confusion and difficulty so commonin Landlord - Tenant disputes would be minimized or eliminated if there were betterunderstanding and communication between landlords and tenants.

3 One way ofachieving this is through the use of clearly written agreements and understandings andinsuring that the agreements are signed by the Landlord and the Tenant in duplicate withcopies provided to each. Such points of agreement that are not clearly understoodshould be discussed, clarified and put into you have questions on a Landlord - Tenant matter, call the Office of ConsumerProtection 586-2634 or consult an the neighbor islands, please referto the phone numbers on the front MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIALNEEDS IN BRAILLE, LARGE PRINT OR AUDIO TAPE.

4 PLEASESUBMIT YOURREQUEST TO THE OFFICE OF CONSUMER PROTECTION DIVISION SECRETARYAT (808) OF CONTENTSINTRODUCTIONRENTAL of of Rental and DisadvantagesOf Different Types of Rental on Rental Agreements and Use of of of Period to Recover Dwelling is Deposit to Correct ConditionsAffecting Health and of Deadlines for Evictions and Rent OF Term a Tenant May Expect From Agreement; With to Pay 's Absence Without Absence and Repair Landlord of Repair to Pay Action for Rent Trust Negligence, Failure to Maintain.

5 Or Unlawful Quits Before 's Remedies for Improper 's Refusal to Allow Reasonable in Case of Unable to Gain During First Week of at Any Removal or Evictions and Rent Increases 's Entry Without or Casualty 's Remedy for in Real Property S Landlord / Tenant CODE AGREEMENTST ypes of agreements between landlords and tenants are legal inboth written and oral written agreement may be for any length of time:month-to-month, six-months, one-year or any other term. All promises and houserules should be written into the agreement.

6 Anytime the Landlord and tenantmake any new agreements or changes to the existing agreement, the newinformation should be put into writing and signed by both oral agreement normally creates a month-to-monthtenancy. An oral agreement for a fixed term may not exceed one year in oralagreements are more easily reached, exact promises and detailsshould not be neglected. Problems often arise when promises are made, but arenot clearly spelled out. For example, if the Tenant is responsible for yard work,such terms as the following should be clarified and agreed upon: Iswatering the lawn once a week sufficient?

7 Isthe Tenant required to trim the hedges? Whowill provide the tools?Contract Landlord and Tenant should agree on the amount of rent; how, where and by when the rent is to be paid, and thepenalty for late rent or returned of services which affects the amount of rent, except employmentas unit manager or maintenance personnel. (Example: yard work for reducedrent). of the rental (weekly, monthly, or lease). thelandlord's consent is required for the Tenant to sublet the Tenant 's dwellingunit or to assign the rental agreement to specialprovisions for individual of RentalAgreements-Section Landlord and Tenant may agree inwriting to any time period as the term of the rental agreement.

8 In the absence of suchagreement, the tenancy shall be month to month or, in the case of boarders, week Agreements5 Rent-Section is usually paid on either a monthly or weekly basis. Normally,rent is paid on a monthly basis in a month-to-month tenancy and on a weekly basis in aweek-to-week a month-to-month tenancy, rent may be increased by the Landlord if writtennotice is given to the Tenant at least 45 consecutive days before the effectivedate of the which are less than month-to-month a written notice must be givento the Tenant at least 15 consecutive days prior to increasing may not give a Tenant a notice of termination for the purpose ofevading the Landlord 's obligations to provide the required period of notice for arental the rental agreement is written or oral, the Landlord must, prior tooccupancy.

9 Make a written inventory detailing the condition of the premises andfurnishings(Section 42(a)).The inventory should be explicit and should include thecleanliness of the unit and each portion thereof. All details should be noted, no matterhow minor, so that the actual condition is recorded. Duplicate copies of inventory andrecords shall be signed and retained by both Landlord and Tenant . If the Landlord doesnot make this written inventory of the condition of the premises and any furnishings orappliances, the condition is presumed to be the same as when the Tenant first moved in,unless the Landlord can prove and Disadvantages of Different Types of Rental a month-to-monthtenancy, the Landlord may raise the rent after giving thetenant 45 days' written notice.

10 However, in the case of a fixed term rentalagreement, the rent is set by the terms of the is a fixed term rental agreement, the Tenant mustremain in thedwelling for the entire term of the agreement or be subject to liability for breachof contract; a month-to-month tenancy, however, may be ended by either party ifproper written notice of termination is given. If proper notice is not given,theparty ending the tenancy may be liable for breach of on Rental Agreements and landlords and tenants havecertain rights established by law that may not be waived or modified by either party,even if they wish todo so.