Termination of Lease : ezLandlordForms

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Richard W

started a topic over 5 years ago

I received a text message from my Hawaiian tenant that she is terminating the lease. Notice was received on August 1st. The lease is up on August 1st with a clause in the lease that states "Amount of notice to renew / non-renew at end of lease is 28 days". However my tenant is stating that Hawaiian law states she does not have to give the 28 day notice on termination of lease. What is the law in this situation?

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Scott H

said over 5 years ago

Here's what I found: Notice Requirements for Hawaii Tenants It is equally easy for tenants in Hawaii to get out of a month-to-month rental agreement. You must provide 28 days’ notice (less notice than landlords must provide). Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date. In some situations, you may be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.

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Scott H

said over 5 years ago

Check Hawaii state law (Haw. Rev. Stat. §§¿521-71, 521-21(d)) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice.

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Scott H

said over 5 years ago

More info: Fixed Term Rentals. Rental agreements for fixed terms--for example, a six-month lease--have a termination date stated in the agreement. Termination is automatic and there is no notice requirement. Since there is no notice requirement, the expiration of a lease can create great problems if the landlord and the tenant do not communicate with one another. This is because the relationship between the landlord and the tenant depends on their intentions. A failure to inform the other about these intentions can cause critical misunderstandings. These are a few of the possible results. A. The tenant can continue to occupy the unit with the landlord's consent. In this case, a month-to-month tenancy is created, at the same rent as provided in the lease. B. The tenant might continue to occupy the unit, but without knowing that the landlord does not consent. Technically, a holdover tenancy is created. Holdovers are discussed below. The landlord may expect the tenant to leave, even though no communication has taken place, and may have lined up a new tenant. If the tenant stays, the landlord will not be able to deliver occupancy to the new tenant. C. The landlord may expect the tenant to stay on as a month-to-month tenant, but the tenant may vacate, leaving the landlord without any tenant at all. Holdover - Section 71(c). If a tenant remains in the dwelling unit after the t

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Mary D

said about 5 years ago

If I am understanding this, the tenant gave notice to leave on the day she was leaving...and by text?? ...and you are out of state? If so, I would keep the deposit and follow up getting someone over there for you and make sure she is immediately out, get the keys, and immediately get the place ready to re-rent. I have no taste for going to court over something like this but would rather focus on getting back in the saddle as quickly as possible, especially as you have the legal right to keep the security deposit which will cover your turnover time.