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Hawaii Landlord And Tenant Legal Questions

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4 legal questions have been posted about landlord and tenant law 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 leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.

How do i prove i didnt do property damages

Answered 4 years and 6 months ago by Barbara Lee Franklin (Unclaimed Profile)   |   1 Answer
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
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... Read More

Landlord selling house we're renting in, can we be evicted with current eviction moratorium in place?

Answered 5 years ago by Lockey Elizabeth White (Unclaimed Profile)   |   1 Answer
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
If the reason for the eviction is other than nonpayment then technically an eviction is still possible under the current moratorium.  *However,... Read More

If the landlord is facing foreclosure, who do I pay rent to?

Answered 13 years and 4 months ago by Andrew M. Capelli (Unclaimed Profile)   |   8 Answers
Continue to pay your landlord until you are directed to pay another entity by court order.
Continue to pay your landlord until you are directed to pay another entity by court order.

What recourse do I have if there was a lien filed on my property before I purchased it against previous owner?

Answered 13 years and 5 months ago by James T Weiner (Unclaimed Profile)   |   9 Answers
This is why you need to hire a knowledgeable attorney to buy and sell real estate. Short answer: no you are not entitled to rescind the transaction. you are entitled to sue the former owner and get damages. The issue is whether or not they are collect able. However, before you do that. Contact the title insurance company that issued the title insurance to you to support the deed that you received when you purchased the house. That is what protects you from liens of this type title insurance. The title insurance company only has a defense if they listed it as an "exception" to the insurance and you ignored the exception. BTW What kind of Lien? If it is a construction lien you have a defense, they are only good for 1 year in Michigan. And can be removed easily without litigation.... Read More
This is why you need to hire a knowledgeable attorney to buy and sell real estate. Short answer: no you are not entitled to rescind the transaction.... Read More
Landlord and Tenant Law
Hawaii

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