Homes in Hawaii are some of the most expensive in the nation, which is why many families rent. Fortunately, renting has many advantages, as long as you know your rights. Real estate law aims to protect tenants and ensure they always have a habitable space in which to live. Learn some of the ways landlords commonly violate such laws, so you know when to assert your rights. 

How Landlords May Take Advantage of Their Tenants

1. Keeping the Security Deposit

In the state of Hawaii, landlords may charge up to one month’s rent for the security deposit. Those who allow pets may charge an additional deposit of up to one month’s rent. They must return both deposits in full within 14 days of the lease ending, unless the tenant caused damage beyond normal wear and tear, failed to pay rent, failed to return all keys, or failed to clean the unit. If a landlord keeps any portion of the deposit, they must provide written documentation with invoices or receipts itemizing the corresponding expenses.

You can ensure you receive the entire deposit back by photographing the unit before moving in and cleaning it sufficiently upon moving out. As long as the end result is comparable to the original photographs, you should be entitled to the full deposit. 

2. Failing to Maintain the Property

Landlords must maintain each unit so it remains habitable and sanitary over the course of the lease. If a problem arises that makes the unit unlivable—no electricity, for example, or a serious plumbing issue—the landlord must fix it within three business days of being notified. If your request for repairs is repeatedly ignored, you can perform all necessary repairs and deduct up to $500 from the following month’s rent to cover them. 

3. Ignoring Eviction Procedures

Under real estate law, landlords must follow strict procedures when evicting tenants. In Hawaii, they need to give written notice to a tenant who failed to pay rent that payment is due within five days or they will commence with eviction proceedings. If the tenant violated the lease, on the other hand, the landlord must provide written notice instructing them to remedy the situation within 10 days or the lease will be terminated. 

To mitigate issues regarding eviction, always pay your rent on time, avoid violating the terms of the lease, and do not cause serious damage to the unit. If you are struggling financially, emergency assistance may be available.

If you’re facing a landlord and tenant dispute in Hawaii, turn to the real estate law team at the Law Offices of Reuben S. F. Wong in Honolulu. Led by Reuben S. F. Wong for more than 50 years, this firm helps residents of the Aloha State protect their personal, financial, and business interests. In addition to real estate law, they practice business law and estate planning. They also help clients navigate the complexities of alternative energy development. To schedule a free initial consultation, fill out the form on their website or call (808) 531-3526.