University of Hawaii
Guide to Living Off Campus
Updated July 2005

Long term vs. short term
Reading through a lease agreement
Lease provisions
Vacating and terminating the lease

THE LEASE
As a prospective tenant, it is well advised that you discuss and read the terms of the rental agreement with the landlord or the managing agent to be sure that there will be no misunderstandings as to the responsibilities of each person. Any discrepancies or damages should be noted so that you, as the prospective tenant will not be held responsible for something which you did not cause. An inventory list of furniture and appliances should be read carefully before being signed and a copy should be kept for future reference.

A written lease is signed by either a manager or owner and the tenant(s). A lease is a generally accepted policy for most rental units. As mentioned earlier, six months to one year is the usual length of a lease and can be renegotiated when expired. The advantages of a lease is that it gives you, the renter, a fixed rent for the duration of the lease, the right to the rental unit, and outlines the rights and limitations for both tenant and landlord in writing. The disadvantage of a lease, is that it requires you, the renter/tenant, to be responsible for the rent throughout the duration of the agreement, and the lease may have limitations which are not suitable for you (Example: "the unit cannot be sublet during the duration of the lease"). It is recommended that you get written lease agreements. If you, or the landlord, do not have one, the Off-Campus Housing Referral Program may be able to provide a sample of a lease to which you and the landlord may use.

Long Term vs. Short Term
Some owners or rental agents prefer to use a month-to-month tenancy contract. This means that the apartment or rental unit is rented out on a month to month basis without a long-term lease. The advantage of this sort of lease is that a renter may be able to vacate the apartment at any time with a minimum of 28 days notice. The disadvantage to this sort of lease is that the landlord may be able to raise the rent or ask the tenant to vacate the apartment premises by giving a minimum of 45 days notice. This type of lease may also be written.

Reading Through a Lease Agreement
When looking over a lease, take note of the ending date of the lease. YOU will be responsible for paying rent through that date. You should also be aware of how much notice you must give to vacate the premises when the lease has expired. Sometimes a long term lease extends into a month-to-month tenancy. Hawaii Law requires a minimum of 28 days notice, but be sure to read the lease for other clauses. YOU, the renter/tenant, will be responsible for rent during the notification period whether or not you have moved out. For example, if your lease requires 30 days notice and you give notice on August 1 and move out on August 15, you must still pay rent through August 31. The landlord shall issue receipts for all rents paid (including deposits). Cancelled checks may constitute such receipts, but the tenant may request a landlord's written receipt in addition to the cancelled checks.

When you are looking over a lease, you should know the meaning of the words on the lease. If you are not familiar with the terminology in the contract, it is recommended that you ask the landlord or the managing agent the meaning of the word.

If you will be sharing a rental unit with a roommate or roommates, each of you is responsible for meeting the conditions of the lease. Each person listed on the lease must stay for the entire term of the lease unless the lease specifically states that a roommate may be removed from the lease and replaced by another person. This type of arrangement is called "assignment". Remember, each roommate is responsible for the entire amount of the rent. If your roommate does not pay his/her half, you are just as much responsible as he/she is.

Lease Provisions
As mentioned earlier, most leases will have some rules that you must follow. Take your time and read them over carefully. Beginning on the next page are some provisions which may occur in your lease. These provisions may be taking advantage of the tenant, so read these carefully and be very aware of these types of landlords:

1. Tenant waives the right of the landlord tenant code. Neither the landlord nor the tenant can agree to waive a right, or remedy, provided under the Landlord Tenant Code or agree to something that is "unconscionable."
2. Tenant agrees that the rent may be raised during the duration of the lease, if the landlord's operating expenses escalate. An escalation of the rent may only occur after the date on the rental agreement has expired.
3. The landlord has the right to enter the apartment at his discretion. The landlord should give you, the tenant, a minimum of two days notice, except, of course, in the event of an emergency. He may enter to inspect the premises, but will not abuse this right of access or use it to harass you. You will not unreasonably withhold your consent, unless he demands to enter at an unreasonable hour. He will have no other right of entry, except by court order, unless you appear to have abandoned the premises.

Before you move into the rental unit, you should receive a copy of the lease with the signatures of the landlord and yourself. You should also inspect the premises for existing damages before, during and after you have moved in. Some landlords provide a checklist for this activity. Whether or not he provides you with a checklist, you should ask the landlord to go with you, but if he refuses, go alone. In either case, write down all of the discrepancies that are wrong with the unit. Be sure to take detailed notes. Document the condition of your unit and make note of any nonfunctioning doors or windows, leaking plumbing, missing fixtures, stained carpets and so on. You could also take pictures or make a video of the premises before you bring in any of your furniture or belongings. When you are moving out of the premises, most landlords expect you to leave the rental unit in a condition similar to the one you had when you moved in.

Sign your name and date your documentation. Ask your landlord to sign and date it, and give him a copy to prevent disputes when you eventually move out. Keep a copy for your records. If he refuses to sign it, send his copy to him by certified mail with a request for a receipt.

Vacating and Terminating the Lease
According to Hawaii Law, tenancy may be terminated, without either party giving reason, as long as proper notice is given. All termination notices should be in writing so that both landlord and tenant have evidence in the event of a court case. Proper notice is:

28 days on a month-to-month tenancy

10 days on a week-to-week tenancy

Returning the Security Depsoit
The tenant is entitled to receive the security deposit from the landlord no later than 14 days after he moves out, providing:

There is no damage to the apartment caused by the tenant, other than normal wear and tear.

The dwelling unit is clean and is in as good condition as it was when the tenant first rented it.

The tenant has not failed to pay rent.

The tenant returns the keys of the dwelling unit.

Through Cleaning You will have a better chance of having your deposit refunded if you leave the unit clean and in good repair. The following are suggestions of things to do in order to prepare for leaving the unit:

• Clean the refrigerator and defrost the freezer.
• Clean the stove, and oven.
• Empty out all cabinets and closets.
• Throughly clean bathrooms.
• Leave working lights bulb in all fixtures.

When you have finished moving and cleaning, return all keys to your landlord. He should provide you with a move-out inspection form and inspect the unit with you. Leave your forwarding address so your deposit and any other mail may be sent to you.

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