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Hawaii Complaint regarding Assumpsit and Summary Possession and Damages - Landlord Tenant

State:
Hawaii
Control #:
HI-2COMPASP
Format:
PDF
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Description

A Complaint is the first pleading filed in a lawsuit. It lists the allegations made against the Defendant by the Plaintiff. This particular lawsuit centers around damages to a rental property.

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FAQ

5-Day or 7-Day Notice The notice should identify the tenant, the address of the unit, the amount of rent due, and that the lease will expire if full payment is not tendered. The Delaware eviction notice is 7 days for a tenant residing in a manufactured home.

An eviction for possession only is the legal means by which a property owner takes back possession of rented property from a tenant, without asking the Court for anything further.

In Hawaii, the only way a landlord can legally evict a tenant is by going to court and winning an eviction lawsuit. It is illegal for the landlord to try to force the tenant to move out of the rental unit by other means, such as changing the locks on the door or shutting off the utilities to the rental unit (see Haw.

If the landlord waits longer than 60 days, then the tenant will become a month-to-month tenant. The landlord will then have to give the tenant a 45-day notice to move before being able to proceed with the eviction (see Haw.

Step 1: Notice is Posted. Step 2: Complaint is Filed and Served. Step 3: Court Hearing and Judgment. Step 4: Writ of Possession Is Issued. Step 5: Possession of Property is Returned.

Under Delaware law, the landlord can give the tenant a seven-day unconditional quit notice if the tenant violates the lease or rental agreement and that same violation also violates a city, county, or state code, ordinance, or statute. Under this notice, the tenant is not allowed any time to fix the violation.

Stat. 704.05(2) says, "the tenant has the right to exclusive possession of the premises." This means that a tenant, limited by what is in the lease and what is in the law, can do whatever they want inside their rental unit.

Summary possession is a legal term that means eviction.In many jurisdictions, this allows the landlord to evict the tenant, but also gives the tenant a certain number of days to vacate the premises.

After you have a possession order (Section 21 or Section 8) Whichever procedure you use, you take the case to court to get the possession order. The court writes to the tenant to order them to leave. Usually this is 14 days later, but may extend up to 42 days if eviction will cause the tenant exceptional hardship.

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Hawaii Complaint regarding Assumpsit and Summary Possession and Damages - Landlord Tenant