Fill - Free fillable Hawaii Residential Lease Agreement PDF form

Hawaii Residential Lease Agreement

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this

____________ day of ____________________________, 20____, by and between

_____________________________________________________________________ (hereinafter referred to as

"Landlord") and _____________________________________________________________________ (hereinafter

referred to as "Tenant").

WITNESSETH:

WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in _______________, Hawaii,

such real property having a street address of

______________________________________________________________ (hereinafter referred to as the

"Premises").

WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained

herein; and

WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained

herein;

NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other

good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto

hereby agree as follows:

1. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises

together with any and all appurtenances thereto, for a term of __________________ [specify number of

months or years], such term beginning on __________________, and ending at 11:59 PM on

______________________.

2. RENT. The total rent for the term hereof is the sum of

______________________________________________________________ DOLLARS ($____________)

payable on the ______ day of each month of the term, in equal installments of

______________________________________________________________ DOLLARS

($_____________), first installment to be paid upon the due execution of this Agreement, the second

installment to be paid on _______________________. All such payments shall be made to Landlord at

Landlord's address as set forth in the preamble to this Agreement on or before the due date and without

demand.

3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with

Landlord the sum of ______________________________________________________________

DOLLARS ($________), receipt of which is hereby acknowledged by Landlord, as a security deposit. As

required under §521-44 of the Hawaii Residential Landlord-Tenant Code, the security deposit shall not

exceed a sum equal to one (1) month's rent. As provided under §521-44 of the Hawaii Residential Landlord-

Tenant Code, "security deposit" means money deposited by or for the Tenant with the Landlord to be held

by the Landlord for the following purposes: (1) to remedy Tenant defaults for accidental or intentional

damages resulting from failure to maintain the Premises as required under the Lease and under Hawaii law,

for failure to pay rent due, or for failure to return all keys furnished by the Landlord at the termination of the

Lease; (2) to clean the Premises or have it cleaned at the termination of the Lease so as to place the

condition of the Premises in as fit a condition as that which the Tenant entered into possession of the

Premises; and (3) to compensate for damages caused by a tenant who wrongfully quits the Premises. The

security deposit shall not be construed as payment of the last month's rent by the Tenant. Upon the

termination of this Agreement, the security deposit shall be returned to Tenant, without interest, and less any

set off as provided under this section.

4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's

immediate family, consisting of ______________________ __________________________

____________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at

any time during the term of this Agreement by Tenant for the purpose of carrying on any business,

profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant

shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who

are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to

such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all

governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation

of the Premises.

5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has

examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean

and tenantable condition.

6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant

any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent

by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any

subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior

written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and

void and shall, at Landlord's option, terminate this Agreement.

7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or

improvements on the Premises or construct any building or make any other improvements on the Premises

without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built,

constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement

between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the

expiration or earlier termination of this Agreement.

8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the

Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents,

then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession

is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is

tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein

provided from that date. In the event possession cannot be delivered within such time, through no fault of

Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous,

flammable or explosive character that might unreasonably increase the danger of fire or explosion on the

Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required

on the Premises.

11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the

Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement

and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:

(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used

for the purposes of ingress and egress only;

(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and

repair;

(d) Not leave windows or doors in an open position during any inclement weather;

(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry

any of same within any yard area or space;

(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior

written consent of Landlord;

(g) Keep all air conditioning filters clean and free from dirt;

(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and

repair and shall use same only for the purposes for which they were constructed. Tenant shall

not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or

deposited therein. Any damage to any such apparatus and the cost of clearing stopped

plumbing resulting from misuse shall be borne by Tenant;

(i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places

on the Premises, and shall not make or permit any loud or improper noises, or otherwise

disturb other residents;

(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that

does not annoy or interfere with other residents;

(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow

any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of

any building or within the common elements;

(l) Abide by and be bound by any and all rules and regulations affecting the Premises or the common

area appurtenant thereto which may be adopted or promulgated by the Condominium or

Homeowners' Association having control over them.

12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly

uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this

Agreement shall terminate from such time except for the purpose of enforcing rights that may have then

accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord

and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such

date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby

be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged

portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable

portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such

part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall

recommence and the Agreement continue according to its terms.

13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all

reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the

purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of

making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation

of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises

and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five

(45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of

removing placards, signs, fixtures, alterations or additions, that do not conform to this Agreement or to any

restrictions, rules or regulations affecting the Premises.

14. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be

subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on

the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including,

but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any

and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

15. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of

Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created

between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that

rent shall then be due and owing at

______________________________________________________________ DOLLARS ($___________)

per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by

either party.

16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the

Premises in as good a state and condition as they were at the commencement of this Agreement,

reasonable use and wear and tear thereof and damages by the elements excepted.

17. ANIMALS. Tenant shall be entitled to keep no more than __________ (____) domestic dogs, cats

or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall

pay to Landlord a pet deposit of

______________________________________________________________ DOLLARS ($_________),

______________________________________________________________ DOLLARS ($_________) of

which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the

purposes of cleaning the carpets of the building.

18. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being

payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's

observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said

Premises for the term hereof.

19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant,

Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the

building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the

structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold

Landlord harmless from any and all claims or assertions of every kind and nature.

20. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other

than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter

prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within

seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the

intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If

Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at

Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable

and may exercise any and all rights and remedies available to Landlord at law or in equity or may

immediately terminate this Agreement.

21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not

made within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or other

charges due hereunder, a "late fee" in the amount of

______________________________________________________________ DOLLARS ($__________).

22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises

or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner

provided by law, and without becoming liable to Tenant for damages or for any payment of any kind

whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part

thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may

receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable

for any difference between the rent that would have been payable under this Agreement during the balance

of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by

Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the

Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the

Premises to also have been abandoned, in which case Landlord may dispose of all such personal property

in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.

23. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce

any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the

Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.

24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of

any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's

option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in

equity.

25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and

under the Laws of the State of Hawaii.

26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason

and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of

the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be

enforced to the maximum extent permitted by law.

27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding

on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of

reference only and they are not intended to have any effect whatsoever in determining the rights or

obligations of the Landlord or Tenant.

29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or

both, singular and plural.

30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement

shall affect Tenant's duties and liabilities hereunder.

31.

32. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the

parties and this Agreement shall not be modified, changed, altered or amended in any way except through a

written amendment signed by all of the parties hereto.

33.

34. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently

given or served if sent by United States certified mail, return receipt requested, addressed as follows:

35. If to Landlord to:

36. ______________________________________________

37. [Landlord's Name]

38.

39. ______________________________________________

40. ______________________________________________

41. [Landlord's Address]

42. If to Tenant to:

43. ______________________________________________

44. [Tenant's Name]

45.

46. ______________________________________________

47. ______________________________________________

48. [Tenant's Address]

49. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given

under this paragraph by written notice thereof to the other party.

50. ISLAND CONTACT. As required under §521-43 of the Hawaii Residential Landlord-Tenant Code, if the

Landlord does not reside on the particular island where the Premises is located, the Landlord shall

designate in the space provided an agent residing on the same island where the Premises is located to act

in Landlord's behalf: _________________________________________________________________

_________________________________________________________________ (provide name, phone

number, address).

51. ADDITIONAL PROVISIONS; DISCLOSURES.

52. ____________________________________________________________

53. ____________________________________________________________

54. ____________________________________________________________

55. ____________________________________________________________

56. ____________________________________________________________

57. ____________________________________________________________

58. [Landlord should note above any disclosures about the premises that may be required under Federal or

Hawaii law, such as known lead-based paint hazards in the Premises. The Landlord should also disclose

any flood hazards.]

As to Landlord this ______ day of ________________________, 20_____.

LANDLORD: