Hawaii Landlord Tenant Laws
Hawaii has extensive laws protecting both the tenant and landlord. Unlike many states however, Hawaii landlord tenant law allows for both written and oral contracts. A written contract is generally used for long term leases and an oral contract is used for month-to-month leases.
If the rental agreement is in writing, the landlord must provide a copy to the tenant. If the tenant does not receive copy of this information within 10 days the landlord is required to pay the tenant $100 plus any attorney fees. The landlord is also required to provide receipts for all rents paid.
The tenant must be provided with the address and telephone number of the dwelling. If the landlord needs to enter the dwelling he must give the tenant a two day notice.
If the landlord does not live on the same island as the rental property, they must have an authorized agent to handle any rental matters.
The tenant also has several obligations under Hawaii's landlord and tenant laws. Like most states, the tenant must keep the rental property in a clean and sanitary manner. This includes trash removal and proper care of plumbing and drains.
If the tenant leaves the property for more than 20 days without notifying the landlord it is considered abandonment under Hawaii's laws.
The tenant is obligated to pay rent on time. The landlord can demand rent anytime after the due date. If the rent is not paid, the landlord can give the tenant a 5-day notice to pay rent or vacate the property. If payment is not received, the landlord may sue to evict the tenant from the rental.
If other problems with the unit arise, such as excessive damages, the landlord must give the tenant 10 days to remedy the problem. If the problem is not handled the landlord can begin the eviction process or charge the tenant for repairs.
Before signing a lease it is important for both the tenant and landlord to know their rights. A written contract is helpful in outlining what is expected of both parties.