The Hawaii Waiver of Lease Provision by Lessor is a legal agreement often included in lease contracts in the state of Hawaii. It is an essential clause that outlines the circumstances under which the lessor (landlord) agrees to waive specific provisions of the lease agreement for the lessee (tenant). This provision can grant the tenant certain rights and exemptions, providing them with flexibility and accommodation in certain situations. There are several types of waiver of lease provisions that may be included in a lease agreement, each serving a different purpose and addressing specific scenarios. Here are some common types of waiver of lease provisions in Hawaii: 1. Waiver of late fees: This provision allows the tenant to request the waiver of late payment fees if they encounter financial difficulties that prevent them from paying rent on time. It offers temporary relief, ensuring that the lessee does not face additional financial burdens when faced with unexpected circumstances. 2. Waiver of notice period: In some cases, tenants may need to vacate the leased premises before the agreed-upon notice period ends. The waiver of notice provision enables the tenant to seek the landlord's consent to terminate the lease early without incurring penalties or breaching the agreement. It provides flexibility when unexpected circumstances require the tenants to move out sooner than anticipated. 3. Waiver of responsibility for repairs: This provision may be invoked when the leased property requires repair work due to reasons beyond the tenant's control, such as natural disasters or major infrastructure issues. The waiver of repair responsibility clauses ensure that tenants are not held liable for damages caused by events outside their control. 4. Waiver of pet restrictions: For tenants with pets, this provision can allow them to keep animals on the property despite any strict no-pets policy mentioned in the lease. By obtaining the landlord's waiver, tenants can safely and legally keep their pets without violating the lease agreement and facing potential eviction. 5. Waiver of occupancy restrictions: Certain properties may have occupancy restrictions that limit the number of tenants allowed. In cases involving changes in personal circumstances, such as family growth, the waiver of occupancy restriction provision can be used to request the landlord's permission to temporarily or permanently exceed the specified limits. It is important to note that the specific types of waiver of lease provisions may vary depending on the lease agreement and the lessor's policies. Therefore, it is crucial for both tenants and landlords in Hawaii to carefully review and understand the terms and conditions of the waiver of lease provision before signing the lease agreement.
Hawaii Waiver of Lease Provision by Lessor
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In Hawaii, a landlord cannot sell, give away, or throw out a tenant's abandoned property without providing a tenant a notice and then wait for fifteen days. (See: Hawaii Revised Statutes § 521-56.) Hawaii forbids landlords from taking the law into their own hands.
There is no limit on the amount of the rent increase as there is no rent control in Hawaii.
§521-51 Tenant to maintain dwelling unit. Where no evidence that tenant's failure to replace damaged tiles constituted a violation of applicable building and housing laws materially affecting health and safety under paragraph (1), landlord was not authorized under §521-69(a) to terminate tenant's lease.
In most situations your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you 45 days as required by Hawaii law and specifying the date on which your tenancy will end.
Illegal landlord actions include discrimination, failing to provide necessary repairs or maintenance, unlawful eviction, and violating tenants' privacy rights.
Month-to-Month If the rental period is one month, the law requires that a landlord notify the tenant in writing at least 45 days before the date the landlord wants the tenant to move out. A tenant who wants to end the rental must give written notice to the landlord 28 days before moving.
