Hawaii Commercial Lease Agreement
A Hawaii commercial lease agreement is a legally binding contract for non-residential property rentals between a landlord and a business. This agreement outlines the terms and conditions for using the commercial space, including specifics such as location, permitted use, rent amount, and lease duration. It also establishes the rights and responsibilities of both parties, addressing practical considerations like maintenance, alterations, and insurance requirements.
Hawaii Commercial Lease Agreement
Rental Laws
The relevant rental laws governing commercial leases in Hawaii are outlined in the Hawaii Revised Statutes Title 27, Chapter 490, Article 2A (Leases). These statutes provide the legal framework for the formation and enforcement of lease agreements.
Consumer Protection Laws
Consumer protection in the context of commercial leases is addressed by Haw. Rev. Stat. § 490:2A-104. This statute ensures that certain protections are in place for lessees in commercial transactions.
Jurisdiction
According to Haw. Rev. Stat. § 490:2A-106, the jurisdiction for any disputes arising from the lease agreement should be established based on one of the following criteria:
- The lessee’s residence
- The location of the premises
- The jurisdiction where the lease is executed
If the jurisdiction does not align with one of these criteria, the choice of jurisdiction may not be enforceable.
Additional Considerations
Before entering into a lease agreement, landlords are advised to conduct a Hawaii Business Entity Search to verify that the business entity renting the property is in good standing.
Statutes
- Haw. Rev. Stat. § 490:3-506.5 – Charges for dishonored checks
- Haw. Rev. Stat. § 521-21(b) – Rent
- Haw. Rev. Stat. § 521-21(d)(e) – Rent
- Haw. Rev. Stat. § 521-35 – Attorney’s Fees
- Haw. Rev. Stat. § 521-37 – Subleases and assignments
- Haw. Rev. Stat. § 521-38 – Tenants subject to rental agreement; notice of conversions
- Haw. Rev. Stat. § 521-42 – Landlord to supply and maintain fit premises
- Haw. Rev. Stat. § 521-43(a)(b) – Rental agreement, disclosure
- Haw. Rev. Stat. § 521-43(d) – Rental agreement, disclosure
- Haw. Rev. Stat. § 521-44(b) – Security deposits
- Haw. Rev. Stat. § 521-44(c) – Security deposits
- Haw. Rev. Stat. § 521-44(b)(2) and (e) – Prepaid Rent and Use of Security Deposit
- Haw. Rev. Stat. § 521-44(c)(g) and (h) – Security deposits
- Haw. Rev. Stat. § 521-51 – Tenant to maintain dwelling unit
- Haw. Rev. Stat. § 521-52 – Tenant to use properly
- Haw. Rev. Stat. § 521-53(a) – Access
- Haw. Rev. Stat. § 521-53(b) – Access
- Haw. Rev. Stat. § 521-54 – Tenant to use and occupy
- Haw. Rev. Stat. § 521-55 – Tenant’s responsibility to inform landlord
- Haw. Rev. Stat. § 521-56 – Disposition of tenant’s abandoned possessions
- Haw. Rev. Stat. § 521-62 – Tenant’s remedy of termination at beginning of term
- Haw. Rev. Stat. § 521-63(c) – Tenant’s remedy of termination at any time; unlawful removal or exclusion
- Haw. Rev. Stat. § 521-64 – [Effective 11/1/2024] Tenant’s remedy of repair and deduction for minor defects
- Haw. Rev. Stat. § 521-68 – Landlord’s remedies for failure by tenant to pay rent
- Haw. Rev. Stat. § 521-70(b) – Landlord’s remedies for absence, misuse, abandonment and failure to honor tenancy before occupancy
- Haw. Rev. Stat. § 521-70(c) – Landlord’s remedies for absence, misuse, abandonment and failure to honor tenancy before occupancy
- Haw. Rev. Stat. § 521-70(d) – Landlord’s remedies for absence, misuse, abandonment and failure to honor tenancy before occupancy
- Haw. Rev. Stat. § 521-71(a) – Termination of tenancy; landlord’s remedies for holdover tenants
- Haw. Rev. Stat. § 521-71(b) – Termination of tenancy; landlord’s remedies for holdover tenants
- Haw. Rev. Stat. § 521-71(d) – Termination of tenancy; landlord’s remedies for holdover tenants
- Haw. Rev. Stat. § 521-72 – Landlord’s remedies for improper use
- Haw. Rev. Stat. § 521-74 – Retaliatory evictions and rent increases prohibited
- Haw. Rev. Stat. § 521-78 – Rent trust fund
- Haw. Rev. Stat. § 633-27 – District courts; powers
- Haw. Rev. Stat. § 657-1 – Six years
- Haw. Rev. Stat. § 666-3 – Forfeiture, warning, notice to vacate, refunds
FAQs
A Hawaii commercial lease agreement is a legally binding contract for non-residential property rentals between a landlord and a business. It outlines terms such as location, permitted use, rent amount, and lease duration, as well as the rights and responsibilities of both parties.
Key requirements for a commercial lease in Hawaii include adherence to the Hawaii Revised Statutes Title 27, Chapter 490, Article 2A, and consumer protection laws under Haw. Rev. Stat. § 490:2A-104. Additionally, the jurisdiction must align with the lessee’s residence, the location of the premises, or where the lease is executed.
A landlord can verify the operational status of a business by conducting a Hawaii business entity search. This ensures that the entity renting the property is in good standing and legally able to enter into a lease agreement.
A Hawaii commercial lease agreement should include specifics such as the location of the property, permitted use, rent amount, lease duration, maintenance responsibilities, alterations, and insurance requirements. These details help define the relationship between the landlord and tenant.
If the jurisdiction for a commercial lease in Hawaii is not properly established, as per Haw. Rev. Stat. § 490:2A-106, the choice of jurisdiction may not be enforceable. This could lead to legal complications if disputes arise.
Outlining maintenance responsibilities in a commercial lease is crucial as it clarifies who is responsible for repairs and upkeep of the property. This helps prevent disputes between the landlord and tenant regarding property condition and maintenance obligations.