The Hawaii Association of Realtors Residential Lease Agreement Template seeks to provide definitive terms and conditions for a landlord and tenant to adhere to for a successful leasing experience. This document will remain in adherence with Hawaii Rev. Stat. 521-1 – 521-78 and Hawaii Rev Stat 666-1 p 666-21. In addition to being in compliance with Hawaii state laws, this document will also seek to make the necessary disclosures in an easily identifiable fashion and will attempt to cover as many contingencies as possible that may need definition in a rental arrangement. These are important factors to take into consideration since once this document is signed by all parties it shall define the landlord and tenant as such which will make them subject to laws governing such entities. In addition to this, it will be looked upon as binding contract.
It is important to note that anything that is part of a rental agreement but is not documented on a lease would not be considered part of a lease. Therefore, if such considerations or conditions have been agreed to and are not part of this document, they should be written out, attached then signed by both parties. The signatures themselves should be accompanied with a date. Such a dated signature should have a date that is before the lease agreement’s date or the same date as such. This is because once this contract is signed it will be considered complete and unalterable in most cases.
Laws – Chapter 521
How to Write
Step 1 – The first line of this lease is for the broker in charge of reviewing this document. Here, the broker must enter his/her full name, sign in the appropriate area, then report the name of the Brokerage Firm he/she is associated with
Step 2 – In item 1, enter the date of the lease, the assigned file number, the address (or identifying reference) of the property, then the description of the property. If the address line has a reference number, it is generally a good idea to enter the address on the “Description” line.
Step 3 – Item 2 will be where the name of all tenants residing on the property with the lease holder should be reported. Enter each individual’s full name, phone number, and email. If any will be using a separate mailing address, enter this next to “Preferred Mailing Address.”
Step 4 – Item 3 will define the rent and how it must be paid. First enter the rent amount then check off whether this amount must be paid each month, week, or day. Next, enter the time the rent will be due and check off whether it is due in the a.m. or p.m. This will be followed by the calendar due date (i.e. 1st, 2nd, 3rd) of the month the rent is due or the day of the week it will be due. Make sure to check off whether this information will refer to the month or the week. The next blank line (next to the words “Beginning On”) enter the date the first rent payment must be received. The last line of this section will require the address where the rent must be sent or submitted.
Step 5 – Item 4 shall require documentation of any late fees and charges the tenant will be liable for in the unfortunate event of lateness or nonpayment. First enter the late fee a tenant must pay for each late payment. If the tenant will not be allowed a grace period, place a check mark in the first available box. If the tenant will be allowed a grace period, place a check mark (only) in the second box then enter the number of days past the due date the renter will have to pay the rent before a late fee is assessed. Next enter the yearly percentage for all sums a tenant does not pay in time. (The percentage will be of the payment that was due).
Step 6 – Item 5 will document the security deposit a tenant must leave with a landlord for insurance against damages. First enter the security deposit amount then, enter the additional security deposit amount for a tenant with pet(s). The last line in this paragraph will require the name of the financial institution the security deposit is being held in.
Step 7 – Item 6 will define the time period this lease shall be in effect for. On the first line enter the date the lease shall commence. If this is a fixed term lease, check the first box then in the space provided enter the date the lease will naturally expire. If the tenant will be given the opportunity to extend the lease place a check mark in the second box (otherwise leave it blank). If this is a month to month agreement, leave the first two boxes blank and place a check mark only in the third box.
Step 8 – Both the tenant and landlord must initial and date the bottom of the first page as acknowledgement of their comprehension and agreement.
Step 9 – Item 7 shall solidify what utilities and services the tenant is responsible to pay for. Check all the applicable boxes. There will be a line provided next to “Other” for any that have not been mentioned.
Step 10 – Item 8 will document any keys, cards, and locks the landlord provides the tenant. Here, make sure to name the key item (i.e. mail key, garage key card) and how many of each have been given.
Step 11 – Item 9 will have several blank lines. Here, enter any terms, conditions, or agreements between landlord and tenant that should be part of the lease but have not been documented. Make sure to number each one.
Step 12 – Item 10 is where the tenant has acknowledged his or her receipt of required documentation (Fair Housing Information, House Rules, Lead Based Pamphlet). Place a check mark next to each one that has been given to the lease holder. There will be enough spaces for three additional documents next to the word “other” (note: even when filling out one of these spaces, the box next to it must be checked off).
Step 13 – Item 11 will verify that any document that is part of the lease (thereby obligating both parties to the content). There will be several boxes and each one that has been dispensed to a tenant and a part of the lease. Here, there shall be two additional lines next to an “Other” check box. These lines are provided to include an addendum to the terms and conditions that has not been previously mentioned.
Step 14 – Item 12 is the required disclosure that anyone renting a property with a real estate license report his or her real estate licensing status. If this the principal renting this property has such a license he or she must provide this information in the space provided.
Step 15 – Item 13 will have several boxes to choose from for the party from item 12 to further define his or her NAR membership. If this party is the property owner check the first box. If this party is an agent and or brokerage firm check the second box. If this party is the tenant, then check the third box. Note the first and third box cannot be checked at the same time.
Step 16 – The tenant and landlord must initial and date the bottom of this page
Step 17 – Both parties should review and make sure they fully comprehend the fourth page. Once this is done each one must initial and date the bottom of this page.
Step 18 – Both the tenant and the landlord must initial and enter the date at the bottom of page four.
Step 19 – The bottom of the page will verify the “acceptance of rental agreement” by all concerned parties. Here each tenant must provide the date of signing, his or her signature, and the printed version of his/her name. There will be enough room for four tenants to sign. Below this will be an area for the signature of the designated agent, date of landlord signature, landlord signature, the printed version of each signature, and that individual’s title. Note, if a designated agent is involved the first box in this section must be checked, beside this will be a signature line, then either the box labeled Licensed Brokerage or Unlicensed Agent must be checked off.