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Hawaii Real Estate Legal Questions

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3 legal questions have been posted about real estate by real users in Hawaii. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include easements, commercial leasing, and commercial real estate. All topics and other states can be accessed in the dropdowns below.

How long you can legally hold a security deposit for repairs

Answered 4 years and a month ago by Barbara L. Franklin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
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
You must provide an accounting of the security deposit within 14 days of the tenant vacating the unit.  The written notice must specify the... Read More

we own a timeshare in Kauai, it is paid off, however, we no longer can afford Maintenance fees....What are our options

Answered 12 years and 9 months ago by Barbara L. Franklin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Yes, a timeshare association can conduct a foreclosure for failure to pay maintenance fees.  You could explore either selling the timeshare or seeing if the association would accept a deed in lieu of foreclosure. 
Yes, a timeshare association can conduct a foreclosure for failure to pay maintenance fees.  You could explore either selling the timeshare or... Read More

Can my mother remove a person off the deed to her house without that person needing to know?

Answered 14 years and 5 months ago by Mr. Charles Eddie Isom (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
No.  If your Mom was competent when she put Sister's name on the deed (presumably along with Mom), the Sister is the co-owner with Mom.  I will assume from the question that the deed is a "survivorship" deed, which means that Sister will become the sole owner when Mom dies.  The only way to get Sister's name off the deed is for Sister to voluntarily sign a deed to accomplish that -- or for a Court to order it.  If your Sister committed some kind of fraud in getting Mom to add her name, a Court may well order the change.  Even if Sister's name is removed from the title, there is nothing in your comments that suggests there is a means to assure the handicapped brother will have access to the house.  You should see that your Mom visits a good real estate attorney in your area to explore a means to recover the title AND to see that proper arrangements are made to preserve the title for your brother.  You mentioned that the property has a reverse mortgage.  If that is so, the lender may have a claim superior to your Sister and your Mom.  Again, a good real estate lawyer should be consulted.      ... Read More
No.  If your Mom was competent when she put Sister's name on the deed (presumably along with Mom), the Sister is the co-owner with Mom.  I... Read More
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Hawaii

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