Hawaii Complaint (Summary Possession-Landlord Tenant-Damages)
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Read More. If you have a residential landlord/tenant problem, there are a number of things you can do: Call the Landlord/Tenant Information Center at 586-2634. Center staff can provide you with information about Hawaii's Residential Landlord/Tenant Code.
The court will issue a Writ of Possession a few hours to a few days after the landlord wins the case. This court order informs the tenant that they have to get out of their housing on the property or else they will be forcibly removed. The Writ of Possession is not given automatically.
Description: In a summary possession proceeding brought by a landlord against a holdover tenant: requires the court to address the complaint for summary possession during the first court appearance of the parties; prohibits a writ of possession from allowing the tenant more than fifteen days to vacate the premises; and
Month-to-Month If the rental period is one month, the law requires that a landlord notify the tenant in writing at least 45 days before the date the landlord wants the tenant to move out. A tenant who wants to end the rental must give written notice to the landlord 28 days before moving.
Reasons include failure to pay rent, failure to abide by the terms of the lease agreement, or the end of the lease agreement term. The landlord serves the tenant with a Notice to Quit, and if the tenant does not respond within the designated time frame the landlord can move forward with eviction proceedings.
A Hawaii 15 Day Notice to Pay or Quit demands a tenant to pay their past due rent or their tenancy will be terminated and enforced by bringing a summary for possession proceeding. Until January 2023, this notice calls for a demand for payment that allows for at least 15 days to receive it.
In most situations your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you 45 days as required by Hawaii law and specifying the date on which your tenancy will end.
Both tenant and landlord must uphold the lease agreement at all times. If a tenant violates any terms from the lease agreement, the landlord must give a written notice called a 10-Day Notice to Comply. This notice informs the tenant that they have 10 days to either fix their violation or vacate the property.