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If you recently came home to an eviction notice on the door of your rental unit, you may be feeling uncertain about the future. However, tenants throughout the U.S. have specific rights that prevent landlords from unjust lease terminations. Learn more about your rights under Hawaii real estate law with the following frequently asked questions.

4 FAQ About Evictions Under Hawaii Real Estate Law

For what reasons may a landlord evict a tenant?

In Hawaii, a landlord must have a legitimate reason to end a tenant’s lease. If the tenant doesn’t pay rent, causes extreme damage to the unit or another person in the building, or violates the lease—such as by bringing a pet into a no-pet apartment—the landlord can file for an eviction.

How long should they give me to leave?

real estate lawDepending on why the landlord is requesting an eviction, you may have different amounts of time to vacate the premises. For example, if you’re late on rent, you’ll receive a notice that gives you five days to submit payment before the eviction moves forward.

If you violate the lease, you'll have 10 days to comply with the rental agreement before the landlord proceeds with eviction.

However, if you harm or threaten to harm the unit or another individual inside it, the landlord may file for eviction immediately without notifying you.

Can I fight an eviction?

In some cases, tenants in Hawaii are allowed to fight back. For example, you can argue that the landlord’s claims are untrue or that they’re discriminating against you, such as on the basis of race or marital status.

If you’re being evicted for property damage, you can claim that the landlord didn’t exercise their duty of care to maintain the rental unit. Your defense must be written in a document called an “answer,” which you can present at the eviction hearing in front of a judge.

Can a landlord force a tenant out?

The only way to validate an eviction is through a judge’s approval in court after a hearing that the landlord and the tenant both attend. It is illegal for a landlord to change the locks, demand you leave immediately, or shut off your electricity beforehand.

 

If you’re looking for a real estate law firm to help you work through the details of eviction defense, turn to the Law Offices of Reuben S. F. Wong. This Honolulu attorney has over 50 years of experience serving area clients. In addition to landlord and tenant conflicts, they can also help you with other areas of real estate law, such as zoning or financing. To learn more about their services, visit the website, and call (808) 531-3526 to arrange for a free consultation.

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