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Hawaii
Complaint for Unlawful Detainer - Tenant Holding Over After...

Hawaii Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

Category:

Landlord Tenant - Complaints

State:

Multi-State

Control #:

US-03329BG

Format:

Instant download

Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.

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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How to fill out Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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FAQ

A tenancy for years is an estate lease agreement that lasts a specific amount of time, with opportunities for renewal at the end of each lease. These fixed-term tenancy contracts have clearly defined beginning and end dates and a specified rent payment that both the lessee and the lesser must agree to.

In real estate, a property being leased is called a leasehold estate. One type of leasehold estate is the "estate for years," which means the tenant will lease the property for a specified length of time. It is sometimes also called tenancy for years or estate for term.

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

Periodic tenancy and tenancy at will are two different types of tenancy. In a periodic tenancy, the tenant lives at a property for successive periods until he or she decides to move out. A tenancy at will allows a tenant to live at a property without a formal agreement between the tenant and landlord.

Introduction. Most tenancy agreements are made for a fixed period of time. These fixed terms are usually for a 6 or 12 month period, though this can be for longer or shorter depending on need. However, once this fixed term ends the tenant does not have to leave the property.

A landlord must give the tenant 45 days notice, while the tenant must give 28 days notice. Tenants who remain on the premises after the rental agreement ends, without the landlord's consent, are called holdover tenants and may be charged double rent.

A tenant can file a motion to stay at any time after an eviction notice is served. (JCRCP 110.) However, most tenants do not request a stay until they have received the eviction order (which the sheriff or constable will post on the rental property). The court can only stay an eviction order for up to ten days.

[2] A person who is in another's property with permission of the owner or legal occupier (such as a tenant) but whose possession is terminable at any time without cause or notice is under Washington law a tenant-at-will.

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