Hawaii Rental Rights
Tenants in Hawaii are covered by both federal law as well as state laws. While the actual law will run to several pages in a legal handbook, this article will quickly go over some of the most important Hawaii rental rights that a tenant or even a landlord should be aware of. Having a good working knowledge of Hawaii rental rights will allow tenants in Hawaii to enjoy their renting experience and also stay clear of unethical or unscrupulous landlords.
Lease or rental agreements – Hawaii rental rights – Hawaii laws do not make it mandatory for a landlord to come up with a written lease agreement as even a verbal agreement is enough to fulfill legal formalities that are required to collect rent. However, it is recommended that tenants insist on a written rental agreement or lease agreement as verbal contracts can easily result in abuse of Hawaii rental rights.
Security deposits – Hawaii rental rights – The security deposit charged by the landlord cannot exceed the equivalent of one month’s rent. Hawaii rental rights will also entitle the tenant to get a full refund of the security deposit within 14 days of vacating an apartment after giving due notice. The landlord may retain the security deposit in full or in part if he or she feels that the tenant has left the apartment in a condition that will require repairs and restoration work. In this case, Hawaii rental rights will allow the tenant to seek a written explanation of the charges and reasons for withholding the security deposit. If the landlord does not comply with such a written notice or if the reasons are not justifiable, Hawaii rental rights will allow a tenant to file a civil lawsuit against the landlord who will then be taken to court.
Notice periods and flexibility to change a rental agreement – Hawaii rental rights – A rental agreement can be modified although a period of 45 days will have to be given as notice before the date of the actual change. Hawaii rental rights will also require that both the landlord and the tenant give 45 days’ notice for a termination of a rental agreement or lease agreement.
Grounds for eviction – Hawaii rental rights – When it comes to eviction processes, Hawaii rental rights will depend on the type of rental agreement that has been entered into by the landlord and the tenant. For example, a week to week tenant will have to be given a notice period of 10 days before being evicted while a month to month tenant will have to be given a period of 45 days as notice before an eviction is processed. If a tenant has properly signed a written lease for a fixed period of time, he or she is free to vacate the property at the end of the term with minimal notice according to Hawaii rental rights guidelines. If a tenant stays on at a property 60 days after a lease has expired, the tenant will automatically assume the Hawaii rental rights that are applicable to a tenant who stays on a month to month basis.