Legal Question in Landlord & Tenant Law in Hawaii

Hawaii Landlord/Tenant laws

My tenant in Hawaii signed a 6 1/2

month lease beginning April 18. She

moved in to my house April 18 and

paid rent for the remainder of April

plus a security deposit in the amount

of an entire's month rent. I did not

receive May's rent until May 13, 13

days late. Now it is June 3 and she

just told me that she wants to use

the security deposit for June's rent

and plans on moving out of the

house by the last day of June. I have

not agreed to let her do this. What

are my legal rights as a landlord? I

do not want to use her security

deposit for rent as I will have no way

to cover expenses should she leave

anything damaged. I also do not

want to keep her on as a tenant as

she is irresponsible. I want to collect

June's rent if she is going to stay for

the month of June or exict her now.

What is the best course of action?

Thanks for your help.


Asked on 6/03/07, 2:35 pm

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Hawaii Landlord/Tenant laws

I do not know anything about Hawaiian landlord tenant law. I do not know if you live there or in California. I would assume that both states have the same basis law; a security deposit is a security deposit and not rent. Tell her no that she had to pay the rent or leave, contact a landlord group in Hawaii to see if they can help, read some books on landlord rights [you should have done this before becoming a landlord], and give her a three day notice for failure to pay rent and also a thirty day notice ending the tenancy. In your next lease put in a provision that after 3 or 5 days the rent is late and a charge needs to be paid that is applied first to the the charge and then to the unpaid rent. Figure out what you would do if you have another trouble tenant and put that in your leases. Being a landlord is not an easy life and the judicial system makes it even harder. Good luck.

Read more
Answered on 6/04/07, 12:13 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Hawaii Landlord/Tenant laws

I assume that you live in California and the rental is in Hawaii. I do not know the Hawaiian law. I went to several "search engines" and found several comprehensive sites(for Hawaiian landlord-tenant law). I suggest you start there. Good luck

Read more
Answered on 6/04/07, 10:23 am
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Hawaii Landlord/Tenant laws

I am a Hawaiian Lawyer figured you might want to hear from me:) You cannot legally accept the deposit in exchange for rent. You can evict the tenant by sending notice of 5 days to pay rent upon the lapse of 5 days you can file for summary possession. It will be set on the calendar for return date where the tenant either admits or denies she owes you rent. One week later summary possession will be set for pretrial hearing/mediation. So, it takes about 3 wks. and $2,000.00 legal fees to evict. May not be worth it in your case.

Aloha, Jonny Zahaby

Read more
Answered on 6/04/07, 2:42 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Hawaii