Hawaii Roommate Agreement

A Hawaii room rental agreement, also referred to as a roommate agreement, is a contract that allows a tenant to share a dwelling with one or more co-tenants. This agreement establishes rules and responsibilities for those sharing the space.

Quick Guide To Writing a Hawaii Room Rental Agreement

1. Parties Involved: Specify who is making the agreement, the property location, and the landlord’s identity. Include current contact information for all parties.
2. Lease Term: Note the term of the existing lease and the duration of the roommate agreement.
3. Security Deposit: Discuss how the security deposit will be split among roommates and outline rules for its return or deduction.
4. Rent Payment: State the total rent amount and how it will be divided among roommates.
5. Utility Payments: Determine how utility payments will be split and who is responsible for sending payments to utility companies.
6. Lease Violations: Set rules for handling lease or roommate agreement violations and what happens if someone needs to move out early.
7. House Rules: List any house rules regarding food, cleaning, guests, etc.
8. Bedroom Assignments: Divide bedrooms and decide which areas will or will not be shared.
9. Signatures: Have all parties sign and date the agreement, and attach the completed landlord consent form.

Types of Roommate Arrangements

Co-Tenancy

• All roommates are on the same lease.
• They pay rent to the same landlord and share equal responsibility for the lease terms.
• Co-tenants typically do not have the power to evict one another; misconduct issues must be addressed with the landlord.
• In a co-tenancy arrangement, all roommates are on the same lease and share equal responsibilities to the landlord. If one co-tenant violates the lease rules, all co-tenants are liable for the breach.

Subtenancy

• The original tenant acts as the landlord to the subtenant.
• The original tenant receives rent from the subtenant and is responsible for addressing their rental issues.
• The original tenant can usually evict the subtenant for misconduct, and the landlord can also evict the subtenant.

At-Will Tenancy / Guest Tenancy

• This arrangement is informal, with or without the landlord’s consent.
• The landlord or original tenant can demand the roommate leave at any time.
• In Hawaii, after one or two months, the roommate may be considered a subtenant unless specified otherwise in the lease.

Lease Violations in Roommate Situations

Roommates, as co-tenants, are “jointly and severally liable” for the lease terms. This means that each co-tenant is fully responsible for adhering to all lease conditions. The landlord can pursue full payment from any co-tenant for unpaid rent or lease violations. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant will be liable for any violations committed by the roommate.

Resolving Roommate Disputes in Hawaii

In the event of a dispute, the lease takes priority over the roommate agreement. This limitation affects the enforceability of house rules regarding shared responsibilities. Co-tenants with disagreements unrelated to the lease may consider using a neutral third-party service, such as a mediator or arbitrator, for resolution.

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