Landlord and Tenant Law
Purchasing a house on Maui is expensive. As a result, many people rent the home they
live in. Disputes between landlords and
tenants happen frequently and can be frustrating for both parties. Disagreements can often be settled outside of
court. In other situations, filing a
lawsuit is necessary to resolve differences between the parties.
The Hawaii Residential Landlord-Tenant Code is a useful
reference when you have difficulty with your tenant or landlord. The Code has information relevant to most
situations you will encounter and will save you time and money if you read and
follow its common sense procedures before you have a dispute.
The following are some rough guidelines you should follow to
avoid many common landlord/tenant disagreements.
Avoid Disputes Before They Happen
One method of avoiding disputes is to use a written rental
agreement. Reducing the terms agreed upon
to writing will protect both the landlord and tenant and both parties should
insist on signing one. Make sure all
important information is recorded in the agreement including when rent is due, the
length of lease or rental term and any specific requirements pertaining to a security
deposit, pets and smoking. All important
notices and correspondence should be in writing as well.
Proper Eviction Procedure
In a month-to-month tenancy, 45 days notice is required to
evict a tenant. The end of the notice
period should correspond to the end of a normal rental period. For example, if the rental agreement
specifies a month-to-month tenancy you should give notice on the 15th of the
month before you want the tenancy to end.
Nonpayment of Rent
A landlord may demand payment of rent anytime after it is
due and may also notify the tenant that if payment is not made within five
days, the rental agreement will terminate.
If the tenant does not make full payment of rent, the landlord may sue to
evict the tenant and also to recover the unpaid rent.
If you have a dispute with your tenant or landlord, do not
hesitate to assert your legal rights.
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