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Hawaii Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: We sent in our 28day notice of leaving our apartment on 4/1. But landlord suggested if we leave early we get prorate.

But that did not happen. He refuses to give us our prorated rent of two weeks back after he texted me suggesting it first. Can he legally do that ? The proof I have is over text. Another lawyer said that the agreement over text will be valid over any signed lease agreement and 28day a notice. Is... Read more »

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: Is it legal for the landlord to move my belongings out of my unit?

My lease stated I had to move out by 5 pm on the 30th of the month. I informed the property manager I was not going to make the 5 pm deadline and asked to have until midnight. When the landlords (a couple) found out they showed up at approximately 4:15 and started putting stuff in garbage bags and... Read more »

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: Court granted Rent Trust Fund. How does plaintiff go about this order? I don't see forms on judiciary website.

Is there a document that the court will send to plaintiff to prepare the Rent Trust Fund order? Then the plaintiff makes copies and serve the defendant?

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: Why judge orders trial for a holdover tenancy case in which a tenant refuses to vacate after 45 days notice was given?

The next court date is 2 months away, does this create a month to month lease that binds landlord and tenant into another rental agreement? Tenant was ordered to pay into the Rent Trust Fund til July. Assuming that if landlord gets summary judgment and possession of property in July tenant is... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Hawaii on
Q: Can a landlord make a police report on a tenant for criminal property damage? Tenant and guest damaged rental property.

Tenant and tenant's guest severely damaged glass windows and removed window screens of rental property. Tenant has overstayed their 45 days notice to vacate and has not paid any rent has become a nonpaying holdover tenant.

Mark Simonds
Mark Simonds
answered on Apr 25, 2022

In Hawaii, under your scenario, a person commits the offense of criminal property damage if by means other than fire (which would be arson), the person intentionally or knowingly damages the property of another without the other's consent. As the rental unit is your property you are well... Read more »

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: If tenant fails to pay into the Rent Trust Fund does Landlord have to file for Writ of Possession or is it entered auto

What happens if the date to pay into Rent Trust Fund falls on a weekend? Is tenant required to pay on a Friday?

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Litigation and Civil Rights for Hawaii on
Q: Are landlord required to notify tenants when a writ of possession is issued after default summary possession

Default was granted when answer was unable to be filed do to medical emergency

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

What makes this question unusual is the date of same, March 5, 2022. In July of last year, Governor Ige signed into law Act 57, which required landlords and tenants to avail themselves to mediation prior to landlords filing eviction proceedings based upon non-payment of rent. Typically, landlords... Read more »

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: I have been helping someone move out. I've been here for 2 months during the eviction process. Am I considered a tenant?

It is against "house rules" to have a guest for more than 5 days without having them register with management. I was never registered a a guest, but have witnesses to show I've been here for more than 2 months. Now that my friend is almost completely moved out, management gave me one... Read more »

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

No. As you were never on the lease, and the tenant (your friend) moved out, you have no legal right to remain in the unit. Not to be blunt, that is just the state of the law.

1 Answer | Asked in Elder Law, Health Care Law, Personal Injury and Landlord - Tenant for Hawaii on
Q: How do you care for the elderly in your home And Keep out Dept of Health interferes.

Rental agreement is used by a caregiver/ lessor and residents/ tenants to make it legal but now Dept of Health creates all kind of rules . How do we protect ourselves from all this.

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2020

A Hawaii attorney could advise best, but your question remains open for four weeks. One option, which you likely already realize, could be to sit down with a local attorney familiar with the new laws and identify issues that could arise in the future. You could also contact social workers and... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Hawaii on
Q: After I pass away, Will my residential property give to my wife when the property is my parents and I in title.

My father, mother and I in our residential property title. How will the property split its ownership when one of us passed away. Can someone argue to fight to own the property when one of us passed away.

Timothy Denison
Timothy Denison
answered on Apr 21, 2020

One would have to see the deed to properly answer this question but probably it will be owned by right of survivorship, which means after first of you die, owned by other two. After the second dies, it goes solely to the last person living.

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Stated in my lease, I can break without penalty if I find mold and I found black mold... how do I terminate

I also had requested a mold test which was denied and asked for mold remediation of the shower which took months. I’ve suffered now from sinus issues, allergies, esophagitis and had to pay to an ent out of pocket and am worried about all of the toxic spores we’ve now been exposed to. How do I... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2019

In terms of the personal injury aspect of your question, you'll have to see if you could arrange a free initial consult with a Hawaii personal injury attorney who could review your records and what information is available on the mold. The problem with these types of cases is that establishing... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: How often can a landlord access a tenants home before it's considered abusing their rights to enter?

I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Can an appeal be reversed and how many days do I have for a writ? Can the appeal be dismissed? Case be retried?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 20, 2019

You have stated no operative facts and asked four very different questions--all of which collectively might require a lawyer several hours to figure out and try to respond. No thanks.

1 Answer | Asked in Contracts and Landlord - Tenant for Hawaii on
Q: Can a tenant terminate a commercial lease in hawaii if the business got robbed twice in 1 year?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 15, 2019

The answer is contained in the terms of your written lease.

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: Weve been living on a property for 25 years and just got evicted by new owners, we have 2 weeks left. Can i make a case

This land belongs to a hotel ruined in '92 hurricane and weve occupied the land since the last 25 years. New owners plan to restore it have served us eviction notice giving us 2 weeks 2 leave. Weve had verbal consent from previous owners over 20 yrs ago to utilize the land but have remained... Read more »

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 4, 2018

You will need to speak to an attorney to see if you meet all of the elements of an adverse possession. This is not something that we can answer for you in this format.

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: Can an old roommate enter house without permission and collect belongings?

She called to let me know she was on her way- I fell asleep waiting for her. She entered the house without permission to collect her things.

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: If the landlord and I have a written agreement to keep rent the same and stay there forever. Can the police kick us out

The landlord signed a agreement saying we will only pay a certain amount and can stay there as long as I would like. But now he wants to raise the rent and is threatening to kick us out if we don’t agree to what he’s now asking. This agreement is signed and dated. But not notarized. I would... Read more »

0 Answers | Asked in Personal Injury, Communications Law, Landlord - Tenant and Real Estate Law for Hawaii on
Q: The manager for my gated community is treating me unfairly and hasn't given me any explanation or info .

I live in a private gated community. My neighborhood manager has informed the guard gate not to allow people visiting me to come in, not even to drop me off, which means I have to walk from the gate to my home that is quite a ways and up a gradual incline. Neighbors drive by and see me walking and... Read more »

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: What is appropriate legal action for not receiving a Common Area Maintenance recon report as stated in my lease?

My commercial lease in Kailua Kona Hawaii states that I am to receive a common area maintenance report each year by the end of March. I have not received a report since 2011, and suspect that there is fraud going on. What is the appropriate legal action for this situation? Would a CAM strike be... Read more »

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

First place to look is the lease agreement. A local commercial real estate lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal...
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