RESIDENTIAL LEASE AGREEMENT

State of Hawaiʻi

[// GUIDANCE: This template is drafted for use with residential property located in the State of Hawaiʻi and is intended to comply with the Hawaiʻi Residential Landlord-Tenant Code, Haw. Rev. Stat. ch. 521 (“Code”). Customize all bracketed items and review every provision for client- and property-specific suitability before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties

This Residential Lease Agreement (“Lease”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1.1 Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE OR “natural person”] whose notice address is [LANDLORD ADDRESS] (“Landlord”); and

1.2 Tenant: [TENANT LEGAL NAME(S)] whose notice address is [TENANT ADDRESS] (“Tenant”).

Collectively, Landlord and Tenant are the “Parties.”

2. Recitals

A. Landlord is the fee simple owner of the residential real property located at [PREMISES ADDRESS] together with any appurtenant parking, storage, and common areas (collectively, the “Premises”).
B. Tenant desires to lease, and Landlord agrees to lease, the Premises on the terms and conditions set forth herein.
C. The Parties enter into this Lease pursuant to and in conformity with the Code and all other applicable federal, state, and local laws.

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

II. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below:

“Applicable Law” means all statutes, ordinances, regulations, and orders of any governmental authority with jurisdiction over the Premises or the Parties, including without limitation the Code.

“Business Day” means any day other than a Saturday, Sunday, or State-recognized holiday.

“Commencement Date” has the meaning set forth in Section 3.1.

“Common Areas” means all areas and facilities outside the Premises that are provided and designated by Landlord for the general non-exclusive use of tenants of the property.

“Guest” means any person invited or permitted by Tenant to enter the Premises.

“Hazardous Material” has the meaning set forth in Section 5.5(a).

“Lease Term” means the fixed term identified in Section 3.1, as it may be renewed or extended pursuant to this Lease.

“Monthly Rent” has the meaning set forth in Section 4.1.

“Security Deposit” has the meaning set forth in Section 4.4.

“Summary Possession Action” means a summary proceeding for possession under Haw. Rev. Stat. § 521-68 or successor statute.

III. OPERATIVE PROVISIONS

3. Lease Term; Possession

3.1 Term. The term of this Lease shall commence on [COMMENCEMENT DATE] (the “Commencement Date”) and shall expire at 11:59 p.m. on [EXPIRATION DATE] (the “Expiration Date”), unless earlier terminated or extended in accordance with this Lease (the “Lease Term”).

3.2 Delivery of Possession. Landlord shall deliver exclusive possession of the Premises to Tenant on the Commencement Date in compliance with Applicable Law, including the habitability obligations of Haw. Rev. Stat. § 521-42.

3.3 Condition on Delivery. Tenant acknowledges that Tenant has inspected, or had the opportunity to inspect, the Premises and accepts the Premises in its then-existing “AS-IS” condition, subject to Landlord’s continuing maintenance obligations under Section 5.1.

4. Rent; Deposits; Fees

4.1 Monthly Rent. Tenant shall pay to Landlord monthly rent in the amount of $[AMOUNT] (“Monthly Rent”), due in advance on or before the [DUE DAY] day of each calendar month without demand, set-off, or deduction, at the address set forth in Section 9.4 or such other place as Landlord designates in writing.

4.2 Late Charge; Returned Check Fee. If any Monthly Rent is not received by Landlord by 5:00 p.m. on the [GRACE PERIOD]th calendar day after it is due, Tenant shall pay a late charge of $[LATE FEE]. Tenant shall pay $[NSF FEE] for each check returned for insufficient funds.

4.3 Prorated Rent. If the Commencement Date is not the first day of a month, Monthly Rent for the first partial month shall be prorated on a per-diem basis.

4.4 Security Deposit.
(a) Amount. Upon execution of this Lease, Tenant shall deposit with Landlord the sum of $[SECURITY DEPOSIT AMOUNT] (not to exceed one month’s rent) as a security deposit (“Security Deposit”) as permitted by Haw. Rev. Stat. § 521-44.
(b) Purpose. The Security Deposit secures Tenant’s faithful performance of all obligations under this Lease and Applicable Law, including payment of rent, repair of damages beyond ordinary wear and tear, and cleaning of the Premises.
(c) No Commingling. Landlord shall not commingle the Security Deposit with Landlord’s personal assets, except as expressly permitted by § 521-44.
(d) Return. Within fourteen (14) days after Tenant vacates the Premises and returns possession to Landlord, Landlord shall furnish Tenant (i) the unused portion of the Security Deposit and (ii) an itemized written statement of any lawful deductions, in compliance with § 521-44(c).
(e) Interest. No interest shall accrue on the Security Deposit unless required by future law.

5. Landlord’s Obligations

5.1 Maintenance & Habitability. Landlord shall:
(a) Comply with all applicable building and housing codes materially affecting health and safety;
(b) Make all repairs reasonably necessary to keep the Premises in a fit and habitable condition as required by § 521-42(a);
(c) Maintain all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied by Landlord in good working order; and
(d) Provide and maintain appropriate trash receptacles and arrange for trash removal.

5.2 Quiet Enjoyment. Landlord covenants that Tenant, upon payment of rent and performance of Tenant’s obligations, shall peacefully and quietly have, hold, and enjoy the Premises during the Lease Term, subject to the terms herein.

6. Tenant’s Obligations

6.1 Use. Tenant shall use the Premises solely as a private residence for Tenant and [MAX OCCUPANTS] lawful occupants.

6.2 Compliance with Law. Tenant shall comply with all Applicable Law and any homeowners’ association rules applicable to the Premises.

6.3 Maintenance. Tenant shall:
(a) Keep the Premises clean and sanitary;
(b) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, and other facilities;
(c) Not intentionally or negligently damage any part of the Premises; and
(d) Promptly notify Landlord in writing of any condition requiring repair.

6.4 Alterations. Tenant shall not make any alterations, improvements, or additions without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion except that reasonable accommodations required by law for disability may not be unreasonably withheld.

6.5 Pets. [SELECT ONE: (a) No pets are permitted; OR (b) Pets are permitted subject to the pet addendum attached as Exhibit [A].]

7. Utilities

Tenant shall be responsible for payment of [UTILITIES LIST], and Landlord shall be responsible for [LANDLORD-PAID UTILITIES]. Tenant shall establish utility accounts in Tenant’s name where feasible by the Commencement Date.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representations. Landlord represents and warrants that:
(a) Landlord has full right, title, and authority to enter into this Lease;
(b) The execution and performance of this Lease do not violate any agreement binding on Landlord; and
(c) To Landlord’s knowledge, there are no outstanding municipal code violations affecting the Premises that materially impair habitability.

4.2 Tenant Representations. Tenant represents and warrants that:
(a) The information provided by Tenant in any rental application is materially accurate;
(b) Tenant has the legal capacity to enter into and perform this Lease; and
(c) Tenant is not relying upon any statement or representation by Landlord except as expressly set forth in this Lease.

4.3 Survival. The representations and warranties in this Article IV shall survive expiration or earlier termination of this Lease to the extent necessary to enforce the same.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) Pay all rent and other sums when due;
(b) Permit Landlord reasonable access to the Premises for inspection, maintenance, or showings, upon at least two (2) days’ written notice, except in emergencies (see § 521-53);
(c) Maintain renter’s insurance as required under Section 7.4.

5.2 Negative Covenants of Tenant. Tenant shall not:
(a) Use the Premises for any unlawful purpose;
(b) Create or allow any nuisance or waste;
(c) Assign this Lease or sublet the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld per § 521-37(b);
(d) Store or release any Hazardous Material except household products used in compliance with the manufacturer’s instructions.

5.3 Landlord Covenants. Landlord shall not unreasonably interfere with Tenant’s quiet enjoyment and use of the Premises.

5.4 Notice & Cure. Except as otherwise provided herein or required by law, any party asserting a breach shall give the other party written notice describing the breach and a cure period of [CURE PERIOD] days.

5.5 Environmental Matters.
(a) Definition. “Hazardous Material” means any substance regulated by any environmental law due to toxicity or potential harm.
(b) Covenants. Tenant shall not bring Hazardous Material onto the Premises in violation of law. Landlord represents it has no actual knowledge of existing Hazardous Material on the Premises in violation of law.

VI. DEFAULT & REMEDIES

6.1 Events of Default by Tenant. The following constitute Tenant defaults:
(a) Failure to pay Monthly Rent within five (5) days after written notice of nonpayment (§ 521-68);
(b) Material breach of any provision of this Lease after ten (10) days’ written notice and failure to cure;
(c) Abandonment of the Premises;
(d) Tenant’s false material statement on rental application.

6.2 Landlord Remedies. Upon an uncured Event of Default, Landlord may, subject to Applicable Law:
(a) Terminate the Lease by written notice;
(b) Initiate a Summary Possession Action;
(c) Recover unpaid rent, late charges, and other sums;
(d) Apply the Security Deposit against amounts owed;
(e) Seek injunctive or equitable relief including eviction.

6.3 Events of Default by Landlord. Landlord’s failure materially to comply with its obligations after reasonable notice and opportunity to cure constitutes a default.

6.4 Tenant Remedies. In addition to remedies under law, Tenant may:
(a) Seek damages or injunctive relief;
(b) Terminate the Lease pursuant to § 521-63 (fire or casualty) or § 521-65 (habitability).

6.5 Attorneys’ Fees. The prevailing party in any action or proceeding arising out of this Lease shall be entitled to reasonable attorneys’ fees and costs, except as limited by § 521-35(c).

VII. RISK ALLOCATION

7.1 Indemnification by Tenant. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against all claims, damages, losses, and expenses arising from:
(a) Tenant’s use or occupancy of the Premises;
(b) Any act or omission of Tenant, Tenant’s occupants, or Guests; and
(c) Tenant’s breach of this Lease or Applicable Law,
except to the extent arising from Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Landlord Liability. Except for (i) Landlord’s gross negligence or willful misconduct, (ii) liabilities that Landlord may not lawfully limit, and (iii) Landlord’s refund obligations regarding the Security Deposit, Landlord’s aggregate liability to Tenant for claims arising out of this Lease shall not exceed the amount of the Security Deposit then held by Landlord.

7.3 Insurance.
(a) Tenant shall obtain and maintain, at Tenant’s expense, renter’s liability insurance with limits of not less than $[LIMIT] per occurrence, naming Landlord as additional insured.
(b) Landlord shall maintain property insurance on the structure of the Premises.

7.4 Force Majeure. Neither party shall be liable for failure to perform obligations (other than payment obligations) to the extent such failure is caused by events beyond the party’s reasonable control, including acts of God, governmental orders, or natural disasters.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Hawaiʻi, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties consent to exclusive jurisdiction of the state courts of the State of Hawaiʻi having subject-matter jurisdiction over residential landlord-tenant matters, including the Housing Division of the District Court (the “Housing Court”).

8.3 Arbitration. The Parties expressly agree that arbitration is excluded; disputes shall be resolved in court as provided above.

8.4 Jury Trial. Each Party acknowledges its constitutional right to trial by jury and does not waive that right.

8.5 Injunctive Relief. Nothing in this Article shall limit Landlord’s right to seek summary possession or other injunctive relief, including but not limited to eviction, in accordance with Applicable Law.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver of any provision of this Lease shall be effective unless in writing and signed by both Parties. A waiver on one occasion shall not be deemed a waiver of any subsequent breach.

9.2 Assignment & Subletting. Tenant may not assign this Lease or sublet the Premises without Landlord’s prior written consent, except as otherwise provided by Applicable Law.

9.3 Successors & Assigns. This Lease shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

9.4 Notices. All notices required or permitted shall be in writing and deemed given (i) when personally delivered, (ii) on the delivery date shown on a nationally recognized overnight courier receipt, or (iii) three (3) Business Days after deposit in U.S. Mail, certified, return receipt requested, postage prepaid, addressed to the receiving Party at the address set forth in Section 1, or such other address as a Party may designate by notice.

9.5 Severability. If any provision of this Lease is determined invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it valid.

9.6 Integration. This Lease, including any exhibits and addenda, constitutes the entire agreement between the Parties and supersedes all prior understandings regarding the Premises.

9.7 Counterparts; Electronic Signatures. This Lease may be executed in any number of counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile shall be deemed valid and binding.

9.8 Time of the Essence. Time is of the essence with respect to all dates and time periods set forth herein.

9.9 Headings. Section headings are for convenience only and do not affect interpretation.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: _____
Name: ____
Title: _____
Date: ____

TENANT:

[TENANT LEGAL NAME]
Date: ________

[Add additional signature lines for multiple tenants if applicable.]

[// GUIDANCE: Hawaiʻi does not generally require notarization for standard residential leases, but notarization may facilitate recordation or evidentiary use. Insert notary block if desired.]

EXHIBIT LIST (attach as needed)

• Exhibit A – Pet Addendum
• Exhibit B – Move-In/Move-Out Condition Checklist
• Exhibit C – Lead-Based Paint Disclosure (for housing built prior to 1978)
• Exhibit D – House Rules

[// GUIDANCE: Verify property age for lead-based paint compliance, include mold disclosures, bedbug addendum, or smoking policy as required.]

© [YEAR] [LAW FIRM / AUTHOR NAME]. All rights reserved.