Are there rent control/rent stabilization policies or laws in Hawaii?
The state of Hawaii has not established rent control or stabilization practices.
Is the landlord required to disclose his/her address?
The tenant shall be given, in writing, the name and address of the owner or the owner's agent authorized to receive rent, notices, and demands. This information must be kept current at all times. If the required information is not given to the tenant, the person renting to the tenant becomes the responsible party for all obligations of the landlord.
Please Note: Failing to provide disclosure as specified above may result in a $100 fine to the Landlord.
What is the maximum amount I can collect as a security deposit?
The total amount of all deposits collected may not be in excess of one month's rent.
What is a common problem where security deposits are concerned? At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage as well as including repair receipts and pictures.
My tenant has moved out, what do I do with their security deposit? The landlord must notify the tenant in writing regarding the reasons for retention of any portion of the security deposit, and must forward the entire security deposit or the balance after deductions to the tenant within 14 days after the termination of the lease.
May I charge an application fee, late rent charge or a returned payment fee?
There are no stated limits placed on the amount that can be charged for either an application fee or a late fee. Returned payment fees may not exceed $30 and must be reasonably related to expenses the landlord incurs as a result of a returned payment or applicable to the actual charge received from the bank.
What is the procedure to end or renew a Hawaii lease or increase the rent ? With regards to ending or renewing a lease, the landlord and tenant may agree by specifying the terms within the rental agreement. A lease can also specify that it will simply end and the tenant will vacate at the end of the term. When the tenancy is from month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given 45 consecutive days prior to the effective date of the increase.
When the tenancy is less than month to month, the amount of rent shall not be increased by the landlord without written notice given 15 consecutive days prior to the effective date of the increase.
My tenant has not paid rent, how much notice do I have to give in order to evict them? If the landlord wishes to file an eviction, a 5 day notice to cure or vacate must either be given to the tenant or posted on the door of the premises. The day of posting does not count, nor does any day in which the court is not open such as holidays or weekends.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
Can I require my tenants to obtain renter's insurance? Landlords may require tenants to obtain rental insurance, and can make the failure to do so a breach of the lease agreement.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
What can I do if my tenant files for bankruptcy?
The procedures a landlord should take will be determined by bankruptcy court laws. A Landlord usually will proceed with a relief from the “stay” deeming the tenant responsible for rent incurred during the pendency of bankruptcy proceedings. This is a complicated procedure and warrants at least a consult with an attorney.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.
Do I have to give the tenant notice before I enter the rental property? A 48 hour minimum notice is required for entry, except in cases of an emergency.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.