Hawaii Recent Legal Answers from Lawyers

If your vehicle has been out of service for over 30 days then you likely have a viable case against Hyundai.  I would suggest consulting with a Lemon Law attorney.  Some Lemon Law firms (like ours), will represent you free of charge.  I am happy to answer any other questions that you might have.... Read More

You must provide an accounting of the security deposit within 14 days of the tenant vacating the unit.  The written notice must specify the basis for the retention of the security deposit or any portion of it, including written evidence of the costs to remedy the damages caused by the tenant, including without limitation, invoices and receipts.  Any balance of the security deposit remaining after deducting the damages shall be returned to the former tenant within 14 days of the expiration of the rental agreement.   if you fail to perform this required notice, you may not retain any of the security deposit and the entire amount must be returned to the tenant.  The tenant has one year to sue for recovery of the security deposit.  ... Read More

Yes.  Generally speaking it may take that long to deal with all of the insurances.  I would ask for an itemized billing showing the insurance payments.  It is a legitimate debt and if not paid they can start collection efforts.  If it is a  state-owned facility they can also intercept your state tax refunds.   Call them and make a payment plan if you cannot afford to pay the entire amount in one payment.   Depending on your financial ability to pay and if you are significantly impacted by other debts you may be able to ask them to forgive it.   If you are thinking of filing bankruptcy for other reasons, this debt could be included; if that is the case, seek competent bankruptcy counsel to discuss your options.  ... Read More

There is more information needed in order to provide you with some guidance.  First, is the business still in the leased space? When did the business turn over the keys?  The landlord can probably charge for time before you compeletely vacated the unit.  Second, what specifically is the landlord asking for money for:  repairs, cleaning, etc.  Did the landlord provide estimates of repairs?   What does your lease agreement (the contract) say about what the landlord can retain from the security/damage deposit?  Read the lease agreement carefully to see what it says about what the deposit can be used for by the landlord.  Third, what does the lease agreement say about what condition you must leave the unit in when you vacate the unit?  Did you take pictures of the unit to document its condition?   These issues tend to be very facts specific, not only the words in the contract, but the facts related to the condition, and what the landlord can expect your performance to be under the contract.   ... Read More

Without more information it does appear that water drains downward and if the area of damage in the ceiling is under your apartment you need to inspect and discuss with your landlord any evidence of leakage.  Unless you caused the water to over flow or otherwise negilgently allowed the leak, the landlord is responsible for maintaining plumbing fixtures.    You may need to hire a plumber to inspect if the landlord refuses to do so.  I would write the landlord that you may seek to take any costs of inspection and repair off your rent if the plumbing is faulty.   Under Hawaii landlord tenant law the landlord is responsible for plumbing unless the issue is the result of abuse or tenant negligence such as leaving water running or not requesting repairs in a timely fashion.   Of course your written landlord tenant ageement should be inspected for terms that may cover this situation.      ... Read More

There is likely a provision in your contract that discusses how to terminate the agreement and what notice is required to terminate and what constitutes a breach of agreement.  If you cannot find any specific clause in the contract that the other side has breached, then termination may be premature.  But you say they have failed to live up to their agreement so that is a default or breach of agreement.  Any material breach of agreement is a default and will be considered sufficient grounds for early termination of the agreement in most cases so long as you communicate with the other side, notify them in writing of the breach, and provide them with a reasonable opportunity to cure the breach.  Even if the agreement does not clearly state it, all agreement have an implied covenant of good faith and fair dealing.  To the extent the abusive behavior of a party of the agreement may be considered a lack of good faith and fair dealing it may also be used as ground for termination of the agreement.... Read More

Always ask them for their proof since they are the ones that have the burden of proof if they are taking you to court and you are the defendant/ debtor.  If they cannot provide proof of a valid legal agreement that is signed by you or a valid signed judgment against you, then they will likely be unable to collect a debt from you.  A creditor must prove nonpayment or breach of the terms of the valid agreement to pay and provide an accounting showing how and when there was a default of that agreement, when and how you were notified of that default, and whether, how and when they gave you an opportunity to cure the alleged default.  All of this proof can be found via discovery requests for all account ledgers, correspondence, internal notes, phone logs, certified mail receipts, and all signed promissory notes, agreements, assignments of debt etc.... Read More

If the reason for the eviction is other than nonpayment then technically an eviction is still possible under the current moratorium.  *However, if you can prove that they aren't really selling the house and that it is just a pretext to evict for nonpayment you may get a judge to agree.  **Even if a judge grants the eviction and writ of possession, law enforcement has to serve the writ and they have discretion as to when they serve it and how they force anyone out during a state of emergency.  Depending on how Covid is surging in the area, if evicting people creates any health and safety risk for others, it is up to law enforcement ultimately to decide if someone will be forcibly removed from their home during the pandemic state of emergency even if the judge grants the owners a writ of possession.... Read More

It sounds like you started negotiations with this large business.  Before you go any further, you and this large business should sign a non-disclosure document, where both of you agree to keep all information confidential.  You don't want them to steal your receipe.  You really should find a Business Attorney, who handles mergers and acquisitions to help you.  The sale can be structured based on the negotiations between the large business and yourself.  It is not uncommon to ask for an upfront payment followed by royalities.  However, I would think that larger business would prefer a single payment as to avoid the paperwork and time in issuing periodic royality payments.  Again, this needs to be negotiated.... Read More

You may be able to sue her in either state, but not both at the same time.  Given that the tort she committed (coversion of your property, i.e. your clothes) was committed in Hawaii, Hawaii would probably have jurisdiction over her, so you could sue her in Hawaii.  However, small claims courts are usually  courts of limited jurisdiciton, so you might have to sue her in a court of general jurisdiciton, where the court costs are generally higher and the wait times generally longer.  Moreover, even if you win in Hawaii, you're still going to hasve to try to enforce the judgment (which may be a default judgment, making it harder) in Oklahoma. ... Read More

Your mother cannot qualify for Medicaid with a life insurance policy with a face value over $1,500 but she can hold an irrevocable burial policy.  You may want to discuss her entire situation with an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

You are not personal representative until a court has so appointed you.  Since you write  that you "will...hire a probate attorney," it appears that that has not happened yet.  Once it has, you can seek an eviction action in justice of the peace/small claims court.  You can also ask that court to order the people to turn over the keys but there is no way you can make that happen:  they keys may get lost.  A better approach, after the court appoints you personal representative, might be to call a locksmith.  Work with your probate attorney.... Read More

  When you are just about to or have moved to your new residence, you should notify DHS by submitting form AR -11. You can type in "AR-11" on the Internet and it will lead you to the DHS website and the procedure to do such. Alternatively you can go to our website at www.AlanLeeLaw.com which has a link to the DHS website for AR-11 notifications. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Your wife's mother or daughter can apply for a visiting visa to come to the US for that purpose. The question to an American consular officer will be whether the family member actually intends to only stay for a reasonable period of time and to return to the home country at the end of the visit. The family member must prove that she has non-immigrant intent. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

If you will be married to a US citizen, time is not really an issue as overstayed individuals remain eligible to adjust status. DHS will not try to put you under removal proceedings unless you are a figure of concern to the agency. You are supposed to file both I-566 and I-508 with the I-485, but the failure to file initially will likely not be penalized, and U.S.C.I.S. will usually ask for the missing form(s) in a request for initial evidence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

State law and the language of the trust instrument determine what information a trustee must share when and under what circumstances a trustee must or may make a distribution.  Your son has absolutely no right under the laws of any state to "access his trust fund."   The money belongs to the trust, not to him.  He may request a distribution but the trustee may not be obligated to make one.  This confusion of the trust's money, and the trustee's right and obligation to control it, with the beneficiary's money is all too common.  ... Read More