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HAWAII STANDARD RESIDENTIAL LEASE AGREEMENT

Pursuant to Chapter 521 (Residential Landlord-Tenant Code)

THIS AGREEMENT made this _____ Day of ______________________, 20___,

by and between _____________________________ [name of landlord] of

____________________________________________________ [street address

of landlord] herein called “Landlord,” and _____________________________

[name of tenant] of

____________________________________________________ [street address

of tenant] herein called “Tenant.” Landlord hereby agrees to rent to Tenant the

dwelling located at

____________________________________________________ under the

following terms and conditions.

1. FIXED-TERM AGREEMENT (LEASE):

Tenants agree to lease this dwelling for a fixed term of ____________, beginning

____________ and ending ____________. Upon expiration, this Agreement

shall become a month-to-month agreement AUTOMATICALLY, UNLESS either

Tenants or Owners notify the other party in writing at least 30 days prior to

expiration that they do not wish this Agreement to continue on any basis.

2. RENT:

Tenant agrees to pay Landlord as base rent the sum of $__________ per month,

due and payable monthly in advance on the ____ day of each month during the

term of this agreement. The first month’s rent is required to be submitted on or

before move-in.

3. FORM OF PAYMENT:

Tenants agree to pay their rent in the form of a personal check, a cashier’s

check, or a money order made out to the Landlord.

4. RENT PAYMENT PROCEDURE:

Tenants agree to pay their rent by mail addressed to the Landlord (replace this

with landlord’s mailing address)______________________________, or in

person at the same address, or in such other way as the Landlord will advise the

Tenant in writing.

5. RENT DUE DATE:

Tenant hereby acknowledges that late payment will cause Landlord to incur costs

not contemplated by this Rental Agreement. The landlord allows for a ____ day

grace period. In the event rent is not received prior to the date plus the grace

period, Tenant agrees to pay a $____ late fee, plus an additional $____ per day

for every day thereafter until the rent is paid. Neither ill health, loss of job,

financial emergency, or other excuses will be accepted for late payment.

6. BAD-CHECK SERVICING CHARGE:

In the event Tenant’s check is dishonored and returned unpaid for any reason to

Landlord, Tenant agrees to pay a returned check charge of $______ AND accept

whatever consequences there might be in making a late payment. If for any

reason a check is returned or dishonored, all future rent payments will be cash or

money order.

7. SECURITY DEPOSIT:

Tenants hereby agree to pay a security deposit of $_____________ to be

refunded upon vacating, returning the keys to the Landlord and termination of

this contract according to other terms herein agreed. This deposit will be held to

cover any possible damage to the property. No interest will be paid on this

money and in no case will it be applied to back or future rent. It will be held intact

by Landlord until at least thirty (30) working days after Tenants have vacated the

property. At that time Landlord will inspect the premises thoroughly and assess

any damages and/or needed repairs. This deposit money minus any necessary

charges for missing/dead light bulbs, repairs, cleaning, etc., will then be returned

to Tenant with a written explanation of deductions, within 60 days after they have

vacated the property.

8. CLEANING FEE:

Tenant hereby agrees to accept property in its present state of cleanliness. They

agree to return the property in the same condition or pay a $_____ minimum

cleaning fee if the Landlord has to have the property professionally cleaned.

9. REMOVAL OF LANDLORD’S PROPERTY:

If anyone removes any property belonging to Landlord without the express

written consent of the Landlord, this will constitute abandonment and surrender

of the premises by Tenant and termination by them of this Rental Agreement.

Landlord may also take further legal action.

10. CHANGES IN TERMS OF TENANCY:

(This paragraph applies only when this Agreement is or has become a month-to-

month agreement). Owners shall advise Tenants of any changes in terms of

tenancy with advance notice of at least thirty (30) days. Changes may include

notices of termination, rent adjustments, or other reasonable changes in the

terms of this Agreement.

11. TENANT COOPERATION:

Tenant agrees to cooperate with the Landlord is showing property to prospective

tenants, prior to termination of occupancy.

12. TENANT INSURANCE:

Landlord will not be liable for any loss of Tenant’s property. Tenant hereby

acknowledges this and agrees to make no such claims for any losses or

damages against Landlord, his agents, or employees. Tenants agree to purchase

insurance – at their own expense – sufficient to protect themselves and their

property from fire, theft, burglary, breakage, and electrical connections. They

acknowledge that if they fail to procure such insurance, it is their responsibility

and they alone shall bear the consequences.

13. ABANDONMENT:

If Tenants leave the premises unoccupied for 15 days without paying rent in

advance for that month, or while owing any back rent from previous months,

which has remained unpaid, the Landlord and/or his representatives have the

right to take immediate possession of the property and to bar the Resident from

returning. Landlord will also have the right to remove any property that the

Residents have left behind and store it at the Tenant’s expense.

14. OCCUPANTS:

The number of occupants is limited to two (2) primary tenants & two (2) children.

Only the Tenants may live in this building. Any additional residents residing in

said dwelling for more than 2 weeks continuously must be added to this lease or

receive written permission from the Landlord, subject to the same restrictions as

the tenants, i.e. they must fill out an application. Nurses or maids required to care

for the Tenants during an illness are an exception from this provision.

15. LOCK POLICY:

No additional locks will be installed on any door without the written permission of

Landlord. Landlord will be given duplicate keys for all locks so installed at

tenants’ expense, before they are installed.

16. LOCKOUTS:

Should tenants lock themselves out of their dwelling and be unable to gain

access through their own resources, they may call upon professional locksmith or

the Owners to let them in. In either case, they are responsible for payment of the

charges and/or damages involved. Owners charge a fee of $15 for providing this

service between the hours of 8 a.m. and 6 p.m., Monday through Friday,

excepting holidays, and a fee of $25 for all other times. This fee is due and

payable when the service is provided.

17. CONDITION OF PREMISES:

The Tenants hereby acknowledge that the said property is in good condition. If

there is anything about the condition of the property that is not good, they agree

to report it to the Landlord within 3 days of taking possession of the property.

They agree that failure to file any written notice of defects will be legally binding

proof that the property is in good condition at the time of occupancy.

18. INVENTORY AND INSPECTION RECORD:

An inventory and inspection Record has been provided for the Tenants’ use.

Only after this has been filled out (within the 3-day time limit) will the Landlord

take any action to complete necessary repairs. Landlord warrants that all major

systems will be functional and in good repair at the time of possession. Light

switches, wall plugs, doors, windows, faucets, drains, locks, toilets, sinks, etc. will

either be in working order or will be repaired once the Tenants have completed

the Inspection and Inventory Record. Tenants are encouraged to report any

necessary repairs, no matter how slight, in writing, but they are advised that

Landlord does not normally repair or replace nonfunctional items such as paint,

carpets, etc., every time a property changes possession. Those items are

scheduled for repair/replacement at regular intervals regardless of tenant

turnover.

19. BALCONIES AND PORCHES:

If your unit has a balcony, deck, or porch do not allow more than two people on

the structure at one time.

20. TENANT RESPONSIBILITY:

Good housekeeping is expected of everyone. Tenant agrees to keep quarters

clean and in a sanitary condition. The Tenants agree not to permit any

deterioration or destruction to occur while they are occupying the property.

21. ALTERATIONS:

Tenant shall make no alterations, decorations, additions, or improvements in or

to the premises without Landlords’ prior written consent, and then only by

contractors or mechanics, or other approved by Landlord. All alterations,

additions, or improvements upon the premises, made by either party, shall

become the property of the Landlord and shall remain upon, and be surrendered

with said premises, as a part thereof, at the end of the term hereof.

They acknowledge that they will be responsible for and pay any damage done by

rain, wind, hail, tornadoes, etc., if this damage is caused by leaving windows

open, allowing stoppage and/or overflow or water and/or sewage pipes, broken

windows or doors, torn screens, broken door and window locks, etc. or any

damage caused while Tenant has occupancy.

22. VEHICLES & GARAGE USE:

Tenants agree to keep a maximum of 1 vehicle on premises or in the garage.

These vehicles must be both operable and currently licensed. Tenants agree to

park their vehicles in assigned spaces and to keep those spaces clean of oil

drippings. Tenants agree not to park boats, recreational trailers, utility trailers,

and the like on the premises without first obtaining Landlords’ written permission.

23. UTILITIES:

Resident will be responsible for payment of all utilities, telephone, gas, or other

bills incurred during their residency. They specifically authorize Landlord to

deduct amounts of unpaid bills from their Security Deposits in the event they

remain unpaid after termination of this agreement. The Landlord/Owner agrees to

only pay water, garbage, and sewer bills.

24. SERVICES. Landlord shall be responsible for the following utilities and

services in connection with the premises: _______________________________

________________________________________________________________

Tenant shall be responsible for the following utilities and services in connection

with the Premises:

________________________________________________________________

Tenant acknowledges that Landlord has fully explained to the Tenant the utility

rates, charges and services for which Tenant will be required to pay (if any),

other than those to be paid directly to the utility company furnishing the service.

25. NOTIFICATION OF SERIOUS BUILDING PROBLEMS:

Tenant agrees to notify Landlord immediately if roof leaks, water spots appear on

ceiling, or at the first sign of termite activity. Tenants also agree to notify the

Owners immediately upon first discovering any signs of serious building

problems such as foundation cracks, a tilting porch, a crack in plaster, buckling

drywall or siding, a spongy floor, a leaky water heater, etc. If the tenant does not

notify landlord in a prompt matter the tenant may be held financially responsible.

26. REASONABLE TIME FOR REPAIRS:

Upon being notified by Tenants that there is some building defect in which is

hazardous to health, life, or safety, Owners shall undertake repairs as soon as

possible. Should there be a delay of more than seventy-two (72) hours in making

repairs, due to difficulty in scheduling the work or obtaining parts or for any other

reason beyond the Owners’ control, Owners agree to keep Tenants informed

about the progress of work.

27. DRAIN STOPPAGES:

As of the date of this Agreement, Owners warrant that the dwelling’s sewage

drains are in good working order and that they will accept the normal household

waste for which they were designed. They will not accept things such as diapers,

sanitary napkins, tampons, children’s toys, wads of toilet paper, balls of hair,

grease, oil, table scraps, clothing, rags, sand, dirt, rocks, or newspapers.

Tenants agree to pay for clearing the drains of any and all stoppages except

those which the plumber who is called to clear the stoppage will attest in writing

were caused by defective plumbing, tree roots, or acts of God. Please use a

drain filter to save unnecessary time & money with repairs.

28. BACKYARD & GARDENS:

The Tenants agree to never use any form of pesticides (including rat poison,

roach sprays, etc), or fertilizers unless written permission is granted from the

Landlord.

29. NON-LIABILITY:

The Tenants hereby state that work or repairs that need to be done will be

handled by competent professionals, unless Tenants are qualified and capable of

doing the work themselves and doing it properly, in a safe manner that meets all

federal, state, and local regulations and have written approval from the landlord.

Tenants further state that they will be legally responsible for any mishap they

either do themselves or hire others to do. Landlord will be held free from harm

and liability along with his agents and representatives. In the event that needed

repairs are beyond the Tenants’ capacity, they are urged to arrange for

professional help.

30. DISCLOSURE OF LANDLORD/AGENT:

The landlord or the authorized person/agent/company to act for and on behalf of

the Owner and where all notices by the tenant should be sent is located at the

following:

Name: _________________________________

Street Address: _________________________________

City: _________________________________ Zip: ____________

Telephone: _________________________________

E-Mail: _________________________________

31. ACCESS TO PREMISES:

The Owner reserves the right to enter the residence at reasonable times to

inspect, make necessary repairs, supply services, or show it to prospective

residents, purchasers, workmen, or contractors. Whenever practicable, a two-day

notice of the Owner’s intent to enter shall be given to the Resident.

32. SUBLETTING & ASSIGNMENT:

Tenants shall not sublet the entire premises or any part of the premises, nor shall

they assign this Agreement to anyone else without first obtaining Landlords’

written permission. Prospective sub-lessee’s or assignees must submit an

application to the Landlord and must agree to credit, background, reference, and

employment verification as well as the obligation to pay a non-refundable $25

application fee. Permission to sublease will be determined by the sole discretion

of the Landlord.

33. PETS:

Pets are allowed on the premises only by obtaining the Landlords’ written

permission first. When possession of the property is given to the Tenant, only

those pets listed on the Rental Application will be allowed unless subsequent

written permission has been granted. “Pets” does not include animals trained to

serve the handicapped, such as seeing-eye dogs, hearing dogs, or service dogs.

These animals may be housed on the premises so long as they are in the direct

service of those they were trained to serve and so long as Landlord is notified in

advance in writing of the circumstances. In any case, when permission is

granted, owners are required to pay an additional $____ per month pet-rent

charge for one or more. Additionally, a pet-application sheet must be submitted

before move-in.

If problems with pets occur there are several ways it may be handled depending

on the events. If the pet is anyway dangerous it will not be allowed on the

premises. In the event of the owner being negligent in regards to cleanup or

allowing access to areas that the pet could damage the tenant will be fined or

money will be taken from the deposit. If the pet is a nuisance in anyway the

landlord may make suggestions to how the pet is cared for or may require the

tenant to attend a training course to be approved by the landlord.

Pets are never to be allowed in the yard unsupervised. Cleaning up after the pet

is necessary immediately following defecation. Constant barking will not be

permitted.

34. TERMINATION UPON SALE OF PREMISES.

Notwithstanding any other provision of this Lease, Landlord may terminate this

lease upon 45 days written notice to Tenant that the Premises have been sold.

35. WAIVER:

All rights given to Landlord by this agreement shall be cumulative in addition to

any laws that exist or might come into being. Any exercise of any rights by

Landlord or failure to exercise rights shall not act as waiver of those or any other

rights. No statement or promise by Landlord, its agents, or employees, as to

tenancy, repairs, amount of rent to be paid, or other terms and conditions shall

be binding unless it is put in writing and made a specific part of this agreement.

36. TERMS:

In this agreement the singular number where used will include the plural, the

masculine gender will include the feminine, the term Owner will include Landlord,

Lessor; and the term Resident will include Tenant, Lessee.

37. GOVERNING LAW: This Lease shall be governed by and construed in

accordance with the laws of the State of ________________.

38. Tax Excise Number. Landlord must furnish its tax excise number so that tenant

may file for a low-income tax credit if they qualify. The landlord’s tax excise number is

___________________________. (Per Statute §521-43)

39. FULL DISCLOSURE:

The Tenants signing this Rental Contract hereby state that all questions about

this Rental Agreement have been answered, that they fully understand all the

provisions of the agreement and the obligations and responsibilities of each

party, as spelled out herein. They further state that they agree to fulfill their

obligations in every respect or suffer the full legal and financial consequences of

their actions or lack of action in violation of this agreement. Signature by the

Tenant on this Rental Agreement is acknowledgement and he/she has received

a signed copy of the Rental Agreement.

Accepted this __________________ day of ___________________, 20 ___.

_______________________________

Tenant’s Signature

_______________________________

Tenant’s Signature

_______________________________

Landlord-Manager-Agent’s Signature

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Hawaii Standard Residential Lease Agreement

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