Title: Hawaii Complaint — Lessor Failure to Return Security Deposit: Detailed Description and Types Description: A Hawaii Complaint — Lessor Failure to Return Security Deposit refers to a legal grievance filed by a tenant against a lessor (landlord) for unlawfully withholding their security deposit in the state of Hawaii. This type of complaint arises when a lessor fails to return the tenant's security deposit within the specified time frame or without valid reasons. Keywords: Hawaii, complaint, lessor, failure to return security deposit, tenant, withholding, legal grievance. Types of Hawaii Complaint — Lessor Failure to Return Security Deposit: 1. Non-Compliance with Hawaii Revised Statutes (HRS) — In this type of complaint, the lessor fails to adhere to the specific laws and regulations outlined in Hawaii's revised statutes regarding the return of security deposits. This includes failure to provide the required written notice explaining the deductions made from the deposit or not returning the deposit within the stipulated time frame. Keywords: HRS, laws and regulations, written notice, deductions, stipulated time frame. 2. Improper Deductions — This complaint category arises when a lessor unlawfully deducts a portion or the entirety of the tenant's security deposit without proper justification. Improper deductions may include charges for repairs or cleaning that exceed the tenant's responsibility or deductions without providing an itemized list of expenses. Keywords: improper deductions, repairs, cleaning, tenant's responsibility, itemized list of expenses. 3. Failure to Conduct a Walk-through Inspection — This complaint type refers to situations where the lessor neglects to conduct a pre-move-out walk-through inspection with the tenant. In Hawaii, a walk-through inspection enables both parties to jointly identify any damages or issues that could potentially affect the return of the security deposit. Failure to conduct this inspection may result in unfair deductions from the tenant's deposit. Keywords: walk-through inspection, damages, pre-move-out, unfair deductions. 4. Unjustifiable Charges — Unjustifiable charges occur when a lessor imposes certain fees or expenses not covered by the security deposit, such as unpaid rent or utilities, property maintenance costs, or excessive late fees. This type of complaint arises when the lessor imposes charges that contradict the lease agreement or exceed what is legally permissible. Keywords: unjustifiable charges, unpaid rent, utilities, property maintenance, late fees, lease agreement. 5. Lack of Communication or Response — In this type of complaint, the tenant alleges that the lessor fails to respond or communicate adequately regarding the return of the security deposit. Lack of response may include ignoring written requests, failing to provide a proper explanation for deductions, or not engaging in a constructive dialogue to resolve any disputes. Keywords: lack of communication, inadequate response, written requests, proper explanation, constructive dialogue, dispute resolution. In conclusion, a Hawaii Complaint — Lessor Failure to Return Security Deposit encompasses various grievances where a tenant accuses the lessor of unlawfully withholding their security deposit. These complaints can fall under different categories, including non-compliance with HRS, improper deductions, failure to conduct a walk-through inspection, unjustifiable charges, and lack of communication or response.
Hawaii Complaint - Lessor Failure to Return Security Deposit
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FAQ
Complain by writing a letter. Explain your problem and the steps you've taken to try to solve it with your landlord. Include a copy of the letter you sent to your landlord. Contact your nearest Citizens Advice if you need help making a complaint.
Illegal landlord actions include discrimination, failing to provide necessary repairs or maintenance, unlawful eviction, and violating tenants' privacy rights.
If your landlord does something to interfere with this, it could be considered as harassment. Examples of this could include such things as: Removing or restricting your essential services such as gas, electricity or water supplies. Entering your home without your permission or prior notice.
Refunds of Security Deposits Section 92.103 states: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
Similarly, a landlord might be aware of the tenant's disruptive behaviour to neighbours or other tenants like excessive noise. Failing to take appropriate action to address the issue, they may be held liable.
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.
As long as they've given you correct notice, they can apply to the court for a possession order. If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.
No part of the security deposit shall be construed as payment of the last month's rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days' notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the ...