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").
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
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
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
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
(c) Not obstruct or cover the windows or doors;
(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
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.
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.
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]
39. ______________________________________________
40. ______________________________________________
41. [Landlord's Address]
42. If to Tenant to:
43. ______________________________________________
44. [Tenant's Name]
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).
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_____.
Sign: ___________________________________ Print: ___________________________ Date: ______________
As to Tenant, this ______ day of ________________________, 20_____.
TENANT ("Tenant"):
Sign: ___________________________________ Print: ___________________________ Date: ______________
Sign: ___________________________________ Print: ___________________________ Date: ______________
Sign: ___________________________________ Print: ___________________________ Date: ______________
Sign: ___________________________________ Print: ___________________________ Date: ______________