Advantages and Disadvantages of Different
Types of Rental Agreements in Hawai‘i.
Signing On The Dotted Line: is a serial post about Lease/Rental Agreements in Honolulu, Hawai'i. The section numbers reference the Hawai‘i Revised Statutes that pertain to the posted material.
The Hawaii Residential Landlord-Tenant Code is the name of Chapter 521, of the Hawaii Revised Statutes (HRS). The section numbers cited refer to the sections of Chapter 521.
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It is important to note that investment property owners must have a property manager if they do not live in state.
In a month-to-month tenancy, the landlord may raise the rent after giving the tenant 45 days' written notice. However, in the case of a fixed term rental agreement, the rent is set by the terms of the agreement.
1. Where there is a fixed term rental agreement, the tenant must remain in the dwelling for the entire term of the agreement or be subject to liability for breach of contract; a month-to-month tenancy, however, may be ended by either party if proper written notice of termination is given. If proper notice is not given, the party ending the tenancy may be liable for breach of contract.
2. Limitations on Rental Agreements and Practices. Both landlords and tenants have certain rights established by law that may not be waived or modified by either party, even if they wish to do so. This provision of the law is a safeguard of rights against pressure and/or coercion. Section 31(a).
Legal Requirements. The law requires:
A. Both landlords and tenants act in good faith in the performance and enforcement of duties, rights or remedies. Section 10.
Identification of each person authorized to manage the premises. Section 43(a)(1).
B. Identification of each owner or person who is authorized to act as owner for service of process. Section 43(a)(2).
C. That the tenant has the right to terminate a rental agreement at any time if he cannot move into the unit as promised. Section 61(a)(2).
D. Both the landlord and tenant to comply with all applicable building and housing laws affecting health and safety. Section 51(1).
E. If the unit is sold during the term of the lease, both the new owner and the tenant shall be bound by the terms of the agreement. Section 45(b).
Please direct any questions you may have about Hawai‘i leases to one of our agents (808) 941 8866 text or call. HI Pro Realty LLC is a PET Friendly Property Manager in Honolulu Hawaii
Signing On The Dotted Line: Not all leases are created equal on O‘ahu.
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