Hawaii Nondisturbance and Attornment Agreement With Landlord

State:
Multi-State
Control #:
US-OL30042CB
Format:
Word; 
PDF
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Description

This office lease form states that the landlord has entered into a certain agreement of lease with the tenant as sublessor. The tenant, as sublessor, has entered into a certain sublease agreement with the sublessee. In the event of termination of the lease, the sublessee agrees to attorn to and accept the landlord as its direct landlord under the lease for the balance then remaining of the term of the Lease, and the sublessee shall assume all of the terms and conditions of the Lease, except that sublessee shall have no liability for any defaults of Tenant prior to the date of attornment.

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FAQ

The landlord must give the tenant notice at least two days before entering the rental unit, and the landlord can only enter during reasonable hours. However, if there is an emergency, the landlord can enter without notice.

A nondisturbance clause is a provision in a mortgage contract that ensures that a rental agreement between the tenant and the landlord will continue under any circumstances. This is done primarily to protect the renter from eviction by the mortgagor if the property is foreclosed upon by the lender.

In Hawaii, a landlord cannot sell, give away, or throw out a tenant's abandoned property without providing a tenant a notice and then wait for fifteen days. (See: Hawaii Revised Statutes § 521-56.) Hawaii forbids landlords from taking the law into their own hands.

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.

Landlords in Hawaii are required to make repairs within 12 days after receiving written notice from the tenant. If the landlord fails to make the repairs in a timely manner, tenants may use the ?repair and deduct? remedy, take legal action, or cancel the rental agreement.

Illegal landlord actions include discrimination, failing to provide necessary repairs or maintenance, unlawful eviction, and violating tenants' privacy rights.

A. The tenant must notify the landlord in writing of a condition which is not in compliance with the landlord's obligation of maintenance, the landlord must commence repairs within 12 business days. There is a good faith requirement that the repairs be completed as soon as possible. B.

Tenants have the right to seek a rental unit in a habitable condition. If the property ever needs some repairs, the Hawaii tenant can request repairs from their landlord. If the landlord doesn't respond within the required notice, the tenant may exercise their repair and deduct right.

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Hawaii Nondisturbance and Attornment Agreement With Landlord