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With this contract, which can be oral or written, tenants and landlords enter into a month-to-month lease agreement. However, there's no fixed end date, and it automatically renews each time lessees pay rent.
Do you need to draft a month-to-month lease agreement in Hawaii? Here's everything you need to know to make it easier!
Hawaii Month-to-Month Lease Agreement
Landlords and tenants can use a month-to-month rental agreement to set their duties, responsibilities, and rights. However, unlike standard contracts, this document legally binds them on a monthly basis, so it's indefinite but temporary.
Also, since this document doesn't include a fixed termination date, it is automatically renewed each month when the landlord receives the rent payment.
Both parties have full rights under landlord-tenant law. Moreover, they must meet different responsibilities regarding the property's condition and monthly rent payments.
Legal Disclosures
Like other rental contracts, this document must include the following legal disclosures:
- Lead-based Paint Disclosure: Based on the federal lead-based paint rule, landlords must inform tenants about the potential presence of this toxic paint on the property if it was built before 1978.
- Identification: Property owners must also provide personal information to tenants, including their names, addresses, and tax excise number.
- Property Condition Disclosure: Landlords are required to give tenants a written inventory detailing the rental unit's conditions.
Minimum Termination Notice
Hawaii's minimum termination notice period varies depending on who ends the lease.
Landlords must provide a 45 days' notice, while tenants can serve a 28 days' notice to terminate the rental agreement. It must always be written.
Evicting Month-to-month Tenants
Hawaii landlords can evict tenants if they send proper notice, the period expires, and the lessee remains on the property.
In order to start the eviction process, the property owner must file a complaint with a county court. The process can take anywhere from one to four months or longer, depending on the circumstances.
Looking For Hawaii Rental Forms?
If you need to draft a month-to-month rental agreement in Hawaii, Doorloop can lend you a hand. Find free rental forms here!
Customize Your Own
Do you want to customize your own form? This paid service is worth trying, and you can find templates for Hawaii and other states.
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FAQs
Can I Use a Month-to-Month Contract For a Residential Lease Agreement?
Yes! This document is often used when tenants want to rent real property as a residential space.
In addition, those who rent residential space on a monthly basis can terminate the lease by sending a twenty-eight days notice.
Should I Send a Notice Before I Increase the Rent?
You're right! Under Hawaii law, landlords must send a 45 days' written notice to tenants before increasing rent.
Does Hawaii Have Delivery Requirements?
Yes! Hawaii has set notice delivery requirements that landlords must comply with. If you are a property owner, you must deliver this notice in person or send it to the place of business.
Can I customize my own form or agreement?
Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.
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