Rights & Obligations of Kauai Real Estate Leases
Most of us are familiar with real estate leases in a very general sense, typically having some sort of involvement with them in our personal lives. Investopedia explains leases as, “…the contracts that lay out the details of rental agreements in the real estate market. …the lease will describe how much the monthly rent is, when it is due, what will happen if you don’t pay, how much of a security deposit is required, the duration of the lease, whether you are allowed to have pets, how many occupants may live in the unit and any other essential information.”
Kauai real estate leases, along with leases of real estate on all other islands in Hawaii, are governed by both Hawaii Revised Statute 666 and the Hawaii Residential Landlord-Tenant Code, with the Code prevailing as the utmost authority for all matters concerning residential leases. The Code outlines certain rights of both landlords and tenants in Hawaii, as well as a few specific requirements, including, among other things, the need to act in good faith, the need to comply with building and housing laws affecting health and safety, and the requirement that, if a unit is sold during the term of a lease, the lease shall remain in full force and effect with the new property owner.
Mandatory Timeframes & Deadlines in Kauai Real Estate Leases
Aside from the express terms that are agreed to between a landlord and tenant on Kauai, such as the amount of rent owed, length of lease, etc., there are some timeframes and deadlines made mandatory by the Hawaii Residential Landlord-Tenant Code, relating to matters such as notice of lease termination, notice of rental amount increases, timing for the return of the security deposit, etc. The timeframes and deadlines vary depending on the type of tenancy that has been established, whether it be week-to-week, month-to-month, or a fixed-term type of tenancy.
The chart below summarizes the mandatory timeframes and deadlines for each type of tenancy, relating to a number of different matters concerning Kauai real estate leases (click the chart to view the pamphlet containing full-size image):