The terms of a rental agreement must tell tenants the amount of rent due by duration, when and where it is to be paid, and the period of validity of the lease. Hawaii tenants can make deductions from their rent if their landlords have not made the necessary repairs within a set period of time. Tenants who can prove that they have been victims of domestic violence may, as a general rule, terminate their leases prematurely and without penalty; Landlords cannot punish them if they break a lease. If tenants who are victims of domestic abuse wish to stay in a rented property, landlords are responsible for changing the tenant`s locks at the tenant`s expense. A good example of how the Hawaii standard lease actually harms landlords in a given situation is when the fixed lease term ends on a given date. Often, a landlord tells me that he/she will move in a new tenant the day after the fixed rental period expires, because the incoming tenant pays more rent and the current tenant has problems. An example of an illegal and discriminatory rental practice under Hawaii state law would be for a landlord to require a potential tenant to be tested for HIV before the landlord is ready to rent the apartment to the tenant. In addition to the lease, landlords and tenants have rights and obligations under Hawai`i`s landlord-tenant law. The name of the law is the Hawai`i Residential Landlord-Tenant Code. You can find out more about this law on the website of the Ministry of Trade and Consumer Affairs. When a residential property is rented, landlords and tenants usually agree on the amount of rent, when it is paid, and how long the property is rented.
There can be many other points in a rental agreement, for example. B if pets are allowed or who is responsible for water and electricity bills. (c) Any owner or lessor who does not have a direct relationship with the lessee is responsible for compliance with this section by an owner or lessor directly related to the lessee and is prevented from objecting to any failure to serve an owner or lessor in any proceeding under this Chapter where such omission is due to non-compliance with this Section. An owner or lessor who has a direct relationship with the lessee and who does not comply with this section shall be considered to be the intermediary of any other lessor under the lease for the performance of the lessor`s obligations under this Chapter and the lease. Thus, the tenant cannot evacuate the premises at the end of the rental period and can even stay longer. The tenant`s failure to evacuate may lead the landlord to violate the new incoming tenant. (d) In the case of a written lease agreement, the lessor must provide the tenant with a copy of the rental agreement or lease. The agreement between the lessor and the tenant can be made orally or in writing.
The advantage of a written agreement is that the commitments of the landlord and tenant are documented. Oral agreements do not offer the same protection to landlords and tenants. 2. Performance of the lessor`s obligations under this Chapter and the rental agreement and the use or making available of all rents received by the premises for that purpose. (f) Any owner or lessor who resides without the State or on another island from which the rental unit is located shall designate in the written lease an agent residing on the same island where finds the unit to act on behalf of the owner or lessor. In the case of an oral rental agreement, the information is provided to the tenant upon request in a written statement. . . .