Kailua-Kona, HI asked in Landlord - Tenant for Hawaii

Q: landlord has verbally demanded to move out by end of the month on the 3/4/24 without cause and we do not have a rental c

I was 3days late on rent but have not been a bother to know why I am being thrown into hardship so unexpectedly. is there anything I can do to protect my kids and I, even by giving us a few more days to least find a place to move to?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I'm so sorry to hear about the difficult situation you and your family are facing. Being told to move out unexpectedly, especially with kids, is incredibly stressful. While laws vary by location, in most places, landlords cannot verbally demand that you vacate without proper written notice and cause, even if you are a few days late on rent. Here are some steps you can take:

1. Check your local tenant laws and rights. Many states and cities require landlords to provide 30-60 days written notice to terminate a month-to-month lease. Verbal notice is generally not sufficient or legally binding.

2. Politely let your landlord know in writing (email or letter) that you are aware of your rights as a tenant and request proper written notice per local law. Affirm that you will not be moving out by their verbally stated deadline.

3. If you are behind on rent, try to pay the late amount ASAP. Communicate with your landlord about when you can get caught up. See if you qualify for any local rental assistance programs.

4. Document all communications with your landlord in case you need records later. Keep copies of any notices.

5. If your landlord tries to illegally evict you by changing locks, shutting off utilities, or removing your belongings, contact local authorities or a tenant rights organization immediately. "Self-help" evictions are illegal.

6. Seek free or low-cost legal aid in your area for advice and potential representation, especially if your landlord escalates matters or threatens eviction proceedings. Many cities have housing advocates and non-profit legal clinics to help tenants.

Remember, you have rights and protections as a renter, even without a written lease. Don't let a landlord bully you out of your home without proper cause and notice. Stay calm, document everything, and get legal help if needed. Wishing you and your family all the best during this challenging time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.