At Real Property Management Alliance, we often get questions from landlords about issues that arise as they manage their properties. Following are three common questions we get and answers according to the Hawaii Landlord Tenant Code
1. How much notice do I need to give my tenant to vacate the property?
In a month to month agreement, a 45 day written notice is required. For fixed term rental agreements, the term automatically expires at the end of the term and there is no notice requirement. However, it is best practice to give advanced notice that the rental agreement will not be extended beyond the term of the rental agreement.
2. My tenant consistently pays the rent late. What can I do?
It is always best to screen your tenants well before signing the rental agreement. Today there are tools available to not only conduct reference and credit checks, but landlords are also able to review criminal history, and court records for previous evictions and foreclosures. However, if a tenant has signed the rental agreement and does not pay the rent according to the agreement, the landlord may notify the tenant in writing that unless payment is made within five business days upon receipt of the notice, the rental agreement will be terminated. If the tenant does not pay within the 5 day timeframe, the landlord may file for an eviction.
3. My tenant did not clean the unit and caused damage, am I able to withhold the security deposit?
The security deposit must be returned to the tenant within 14 days after the termination of the rental agreement. If there is cleaning and/or repairs that need to be completed, these costs need to be itemized and receipts provided to the tenant. If the cleaning and/or repairs cannot be completed within the 14 days, estimates can be substituted for the receipts.
These are just a few of the common questions from landlords that arise while managing rental properties. For more information, please refer to the Hawaii landlord tenant code here: https://cca.hawaii.gov/hfic/files/2013/03/landlord-tenant-handbook.pdf, or go to our website at www.realpmalliance.com.