Commercial Lease AgreementHawaiiContinue ↓

Hawaii Commercial Lease Agreement (2026)

Lease retail, office or industrial space: gross, modified gross or triple-net with pro-rata pass-throughs, rent escalation, renewal options, TI allowance, insurance, default and holdover terms, plus your state's deposit rule, statutory disclosures, landlord's lien, cure periods, rent taxes and signing formalities.

Updated September 11, 2026≈ 14 minReviewed against Haw. Rev. Stat. § 237-13 · Haw. Rev. Stat. ch. 666
ENESRU中文UZ
Free to fill & preview · $19 PDF + WordBlank PDF (free, no account)
Sample first page of the Commercial Lease Agreement: title block and opening sections with blanks to fillView larger
What you'll get

Sample first page of the Commercial Lease Agreement. Your answers fill in the blanks; the clauses required in Hawaii are added automatically.

  • PDF
  • Word
  • Print
Sample first page of the Commercial Lease Agreement: title block and opening sections with blanks to fill

Sample first page of the Commercial Lease Agreement. Your answers fill in the blanks; the clauses required in Hawaii are added automatically.

This preview updates as you type. Blank fields show as ____ .

What this document covers

  • Landlord, tenant and optional personal guarantor
  • Retail, office or industrial premises with rentable area and pro-rata share
  • Term, rent commencement and renewal options
  • Base rent with fixed or CPI escalation
  • Gross, modified gross or triple-net (NNN) pass-throughs
  • Security deposit under the state rule
  • Permitted and exclusive use, hours, ADA compliance
  • Tenant improvements and maintenance split
  • Assignment, subletting, insurance and indemnity
  • Default, remedies, landlord's lien and holdover
  • SNDA, estoppel, relocation and broker disclosure
  • State disclosures, exhibits and guaranty

Hawaii rules that this document follows

Commercial security depositVaries — No statute — amount and return terms as the lease providesSource: No statute governs security deposits for non-residential leases; Haw. Rev. Stat. § 521-44 applies to residential tenancies only
Default notice before evictionVaries — No statutory cure period — the lease's notice and cure terms applySource: No statutory cure period for non-residential leases — the notice and cure periods stated in the lease apply, subject to the eviction procedure in Haw. Rev. Stat. ch. 666
Landlord's lien on tenant propertyVaries — No statutory lien — contractual security interest onlySource: No statutory landlord's lien or distress remedy for non-residential leases — contractual lien only
Tax on commercial rentVaries — State tax on commercial rent — Hawaii's general excise tax (4% state rate plus county surcharge, up to 4.712% in Honolulu when passed through) applies to gross rent received by the landlord and is customarily passed through to the tenant as additional rentSource: Haw. Rev. Stat. § 237-13
Notary / recording for long leasesVaries — No notary or witnesses; acknowledgment only to recordSource: Haw. Rev. Stat. § 656-1 — leases for more than one year must be in writing
Required lease disclosuresNone specific to commercial leasesSource: Haw. Rev. Stat. ch. 666

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Commercial Lease Agreement in Hawaii

Start with the exact legal names of both entities and decide on a personal guaranty. Enter the rentable area of the premises and the building — that ratio becomes the tenant's share of taxes, insurance and CAM in a modified gross or NNN lease — then set the term, rent commencement, renewal options and escalation. Choose the maintenance split and insurance limits deliberately: they are the clauses that cost money later.

Answer the state-disclosure questions, review the cure periods (pre-filled with Hawaii's statutory figures where they exist) and decide whether to waive the landlord's lien for the tenant's equipment lender. Budget for the rent tax (Haw. Rev. Stat. § 237-13). Both parties sign with name and title; attach the floor plan, work letter, guaranty and rules.

Frequently asked questions

Is a commercial security deposit regulated in Hawaii?

No — Hawaii has no statute on commercial security deposits (residential rules do not apply), so the amount, use and return are whatever the lease says; this lease sets a 30-day return with an itemized statement.

How much notice must I give a commercial tenant before eviction in Hawaii?

Hawaii has no statutory cure period for commercial leases, so the notice and cure days you enter control (Haw. Rev. Stat. ch. 666).

Is there a tax on commercial rent in Hawaii?

Yes. Hawaii's general excise tax (4% state rate plus county surcharge, up to 4.712% in Honolulu when passed through) applies to gross rent received by the landlord and is customarily passed through to the tenant as additional rent (Haw. Rev. Stat. § 237-13). The lease makes it additional rent.

Does a commercial lease need a notary or witnesses in Hawaii?

No — a written lease signed by both parties is valid for any term; a notary is needed only if you record the lease or a memorandum of lease (Haw. Rev. Stat. § 656-1 — leases for more than one year must be in writing).

What is the difference between a gross and a triple-net (NNN) lease?

In a gross lease the base rent covers taxes, insurance and common-area maintenance, so the landlord bears cost increases. In a triple-net lease the tenant pays its pro-rata share of those three items on top of base rent, reconciled annually against actual costs. Modified gross sits between: the tenant pays only increases over a base year. This lease drafts all three.

Other names

  • commercial lease
  • business lease agreement
  • retail lease
  • office lease
  • industrial lease
  • warehouse lease
  • triple net lease
  • NNN lease
  • gross lease
  • storefront lease

Related documents

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.