Hawaii Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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Multi-State
Control #:
US-00895BG
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Description

A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

If the rental period is between six months and one year, the rental agreement can be ended earlier if both the landlord and tenant agree. A rental agreement may also be ended earlier if either the landlord or the tenant does not do something that is required by the rental agreement.

Tenants have the right to seek a rental unit in a habitable condition. If the property ever needs some repairs, the Hawaii tenant can request repairs from their landlord. If the landlord doesn't respond within the required notice, the tenant may exercise their repair and deduct right.

Breaking a Lease Early in Hawaii. In Hawaii, a tenant can end a fixed-term lease early without penalty if one of several conditions are met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.

Tenants have the right to seek a rental unit in a habitable condition. If the property ever needs some repairs, the Hawaii tenant can request repairs from their landlord. If the landlord doesn't respond within the required notice, the tenant may exercise their repair and deduct right.

Landlords in Hawaii are required to make repairs within 12 days after receiving written notice from the tenant. If the landlord fails to make the repairs in a timely manner, tenants may use the ?repair and deduct? remedy, take legal action, or cancel the rental agreement.

Illegal landlord actions include discrimination, failing to provide necessary repairs or maintenance, unlawful eviction, and violating tenants' privacy rights.

The landlord must give the tenant notice at least two days before entering the rental unit, and the landlord can only enter during reasonable hours. However, if there is an emergency, the landlord can enter without notice.

In Hawaii, a landlord cannot sell, give away, or throw out a tenant's abandoned property without providing a tenant a notice and then wait for fifteen days. (See: Hawaii Revised Statutes § 521-56.) Hawaii forbids landlords from taking the law into their own hands.

Rent - Section 21. A. In a month-to-month tenancy, rent may be increased by the landlord if written notice is given to the tenant at least 45 consecutive days before the effective date of the increase.

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Hawaii Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant