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Hawaii Landlord - Tenant Questions & Answers
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.

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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