How can a tenancy be terminated in the State of Hawaii?
A fixed term tenancy terminates at the end of the term. IF the tenant continues to occupy the unit after the end of the term with the landlord's consent, the tenancy becomes month-to-month and the following notice provisions apply.
A periodic tenancy may be terminated by either party if proper written notice of termination is given. For a month-to-month tenancy, the landlord must give the tenant at least 45 days written notice, except in the event of (i) voluntary demolition of the premises, (ii) conversion to condominium, or (iii) conversion to a transient vacation rental, in which case the landlord must give at least 120 days written notice. If the tenant wishes to terminate a month-to-month tenancy, the tenant must give the landlord at least 28 days written notice. If the landlord wishes to terminate, he/she must give the tenant at least 45 days written notice. The tenant is responsible for paying rent to the date stated in the termination notice or until the unit is re-rented, whichever comes first.
For a week-to-week tenancy, either party can terminate by giving the other party at least 10 days oral or written notice.
No notice is required to be given by a tenant if a condition exists in the premises which poses an imminent threat to health or safety.
On what grounds can a landlord evict a tenant?
If a tenant fails to pay the rent when it is due, the landlord may give written notice that unless payment is made within 5 business days after receipt of the notice, the rental agreement will be terminated and the landlord may sue to evict the tenant. A landlord can also evict a tenant for negligence, failure to maintain the premises or unlawful use of the premises.
A landlord can sue immediately to evict a tenant and is not required to give the tenant time to correct a rule violation when:
(a) the tenant violates state or county laws relating to health and safety;
(b) the tenant or a guest or family member purposely destroys or extensively damages the premises or any part of the premises;
(c) the breaking of a house rule causes or threatens to cause injury to a person.
The landlord cannot remove a tenant from the premises (for instance, by locking them out) without cause or a court order. A landlord cannot interrupt or turn off services such as running water, hot water, electric, gas or other essential services to a tenant. A landlord cannot evict a tenant, increase the rent or decrease services as retaliation against a tenant for (i) filing a complaint concerning conditions which violate health laws, or (ii) for requesting repairs or the landlord's compliance with any provision of the Landlord-Tenant Code.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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