QUESTION

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

Asked on Apr 07th, 2021 on Landlord and Tenant Law - Hawaii
More details to this question:
Living in Hawaii, Landlord has given us eviction papers because they want to sell the house we're renting in. We have missed a few months rent because COVID has affected out jobs. Would the eviction moratorium help prevent us from being evicted?
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1 ANSWER

Foreclosure Defense Attorney serving Hilo, HI at Lockey Legal LLLC
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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.
Answered on Apr 14th, 2021 at 2:30 PM

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