Rick Nakama Realty LLC

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Rick Nakama, REALTOR® RB-20356 · Principal Broker

GRI,

Graduate, REALTOR Institute — advanced professional training in real estate brokerage.

AHWD,

At Home With Diversity — certified to serve diverse clients and uphold fair housing.

SFR,

Short Sales and Foreclosure Resource — qualified in short sales and foreclosure transactions.

SRES

Seniors Real Estate Specialist — specialized in serving buyers and sellers age 50+.

Oral Rental Agreements — HRS §§ 521-22, 521-37

Hawaii Residential Landlord-Tenant Code · Study aid, not legal advice

🎙 Voice memo

The rule

Oral agreements are easy to reach — and that's the problem. Material terms get neglected when promises aren't clearly communicated and understood by both sides. Issues commonly left undiscussed:

Who is the tenant when more than one adult occupies the premises?
What is the term of the tenancy?
What rules must be followed?
May the tenant assign the agreement or sublet?

Oral residential agreements are not recommended: greater dispute potential, possibly missing material terms, and harder enforcement of agreements and remedies — including an action for possession. If a landlord does make an oral agreement, bring a witness to minimize future disputes.

When terms are missing, the Code fills the gaps

The rental agreement should include all material terms — most Realtor property managers use the Hawaii Association of Realtors standard form. If you don't use the standard form, have an attorney review yours for Hawaii compliance.

No agreed term? The tenancy is month to month — or week to week for boarders. (HRS § 521-22)
Subletting & assignment: unless otherwise agreed in a written rental agreement, the tenant may sublet or assign without the landlord's consent. (HRS § 521-37)
The sublet/assign default does not apply to units administered, owned, or subsidized by the United States, the State, a county, or their agencies.

⚠ Practice pointer — read this twice

The default rule favors the tenant. If your written agreement is silent on subletting, your tenant can legally hand the keys to a stranger — no permission needed.

To avoid unwanted subleasing and assignment, make sure the written rental agreement expressly provides that the tenant's right to sublet or assign is subject to the landlord's consent.

Silent agreement = tenant's choice. Written consent clause = your control.

Created by Hoshi ⭐
in collaboration with Rick Nakama Realty LLC (RB-21724)

Source: HRS §§ 521-22, 521-37. Statute controls if th. Statute controls if the webinar conflicts with course materials.