Hawaii Notice of Landlord's Lien and of Sale

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Multi-State
Control #:
US-01020BG
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Word; 
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Description

A landlord's lien is a lien on a tenant's property for the satisfaction of unpaid rent or property damage. There are three types of liens: common-law liens, equitable liens, and statutory liens. A common-law lien gives a lienholder the right to retain possession of the property until the owner of the property satisfies the debt owed the lienholder. Statutory liens frequently expand the rights of the lienholder by modifying common-law liens or by creating new liens that did not exist at common law.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A Notice of Cessation is used when work has temporarily halted for more than 30 days. (Civil Code §3092 see now Civil Code A§8180, 8214). A Notice of Completion must be recorded in the County Recorder's office after work has actually been completed, as that term is defined in Civil Code A§3086 (see now Civil Code A§8180.)

Generally speaking, a tenant cannot break the lease if the home is selling because the lease agreement is still in effect. However, a tenant may have a chance to break the lease if the landlord is violating the lease.

From the time of notice being provided completion must then take place within a specified period (usually seven to 14 days depending on your contract terms). Your developer will offer a window, or a 'longstop date', by which time the property should be ready for you to move into.

A Notice of Completion is a document that establishes the official date that a construction project is considered complete. This is particularly important for parties involved in the project that have mechanics lien rights, because the Notice of Completion shortens mechanics lien deadlines.

After demand and refusal of the amount due or upon neglect to pay same upon demand, the lien may be enforced by action filed in the circuit court of the circuit in which the property is situated.

In Hawaii, a lien claimant must file the lien within 45 days of the completion of the improvement. When a Notice of Completion is filed, that will mark the completion date of the project, and a mechanics lien must be filed within 45 days of that Notice of Completion.

Hawaii's Mechanic's and Materialman's Lien statute provides for such remedy. Any person claiming a mechanic's or materialman's lien is required to apply to the circuit court where the property is situated. Such person must submit an Application For a Lien together with a written Notice of Lien.

How to File Lien?Step 1: Preliminary Notice. Depending on your state laws, you may be required to notify the debtor that a lien will be filed if nonpayment persists.Step 2: Review Deadlines.Step 3: Research the Property.Step 4: Draft a Lien.Step 5: File the Lien.Step 6: Notifying Parties.Step 7: Enforcement.

A Notice of Completion is a document that establishes the official date that a construction project is considered complete. This is particularly important for parties involved in the project that have mechanics lien rights, because the Notice of Completion shortens mechanics lien deadlines.

A tenant must give at least 21 days' written notice to end the tenancy, unless the landlord agrees to a shorter time. This agreement should be in writing. A landlord must give at least 90 days' written notice to end the tenancy.

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Hawaii Notice of Landlord's Lien and of Sale