subject: Know What Provisions To Include And Which To Exclude In A Lease Agreement [print this page] Hawaii Revised Statutes Sections 521-1 to 521-78, of Hawaii Residential Landlord-Tenant Code, outlines the details of the landlord-tenant relationship in the state. Whether you are thinking of leasing/renting out an apartment or looking for a rental yourself, you need the help of a real estate lawyer to negotiate the lease agreement.
Hawaii laws are applicable on all residential lease agreements. Every property owner and tenant based in Honolulu requires knowing certain basics in this regard. As per the state laws, the agreement may be oral or written. You can form an agreement on an annual, monthly, or even weekly basis.
There are three basic categories related to the terms and conditions of the lease agreement. Your real estate lawyer is capable of negotiating the details. His/her proficiency of the state laws helps in the task.
Essential Provisions These are must for every such agreement. These include the following:
* Full name(s) of all parties involved landlord(s) and tenant(s)
* Detailed description of property (full address, common areas, additional features)
* The term of the lease and the rent details (how and when to pay and late penalties)
Note: Minors, and individuals with mental incapacity, are not eligible for entering into an agreement.
Common Provisions A competent real estate lawyer has an in-depth knowledge of important clauses. Specifying most of the terms help in avoiding later legal hassles. Jot down all the issues that may crop up and let your lawyer know this. Here are a few examples of what you need to think of:
1. How much security deposit you ask/pay?
2. Does the rental allow pets? If yes, is there a limit on the type/size of pets or their number?
3. What are the landlord/tenants responsibilities regarding maintenance of property?
4. Who pays for the utilities (electric, gas, etc)?
5. Is sublet an available option?
6. Does rent increase if the number of tenants living increases?
7. What are ways of early termination of agreement?
8. Is parking space available? If yes, is there a particular area for each tenant or is it on a first-come-first-serve basis?
9. What are the circumstances when the property owner may enter the rented space?
Any tenant can avail the help of any of the competent Honolulu Real Estate Lawyers to know whether the increase in rent was legal or not. Hawaii laws state that a tenant must receive a notification of rent increase at least 45 days earlier, in case the lease is on an annual or monthly basis. However, if the lease is of lesser than a month, the owner may send the notice 15 days in advance.
Prohibited Provisions The Federal Fair Housing Act and the Hawaii Civil Rights Act prevent all property owners to discriminate on grounds like race, color, sex and such protected traits. If you feel that a certain clause in the agreement violates these rules, contact a real estate lawyer immediately.
