Hawaii Amendment and Waiver of Surface Lease Rental Agreement

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US-OG-922
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This form is an amendment and waiver of surface lease rental agreement.
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FAQ

Leasehold properties are more affordable than fee simple ones. When buying a leasehold property, you may be able to afford a larger unit or a better location. It may also allow you to reduce the initial investment, but you have to be financially prepared for the lease rent payments and future increases.

How Leasehold Works. Basically, you pay the landowner rent for the land your property is on for a fixed term. When the term expires the land reverts to the lessor and all ownership rights are canceled (your property reverts to the landowner).

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

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.

In most situations your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you 45 days as required by Hawaii law and specifying the date on which your tenancy will end.

Leasehold Title Unless the leaseholder makes arrangements to extend the lease, once it expires, ownership of the property returns to the freeholder even if you have paid for your flat or house outright.

Month-to-Month If the rental period is one month, the law requires that a landlord notify the tenant in writing at least 45 days before the date the landlord wants the tenant to move out. A tenant who wants to end the rental must give written notice to the landlord 28 days before moving.

- Required by the Residential Leasehold Disclsoure Act, the Residential Leasehold Property Addendum is used to provide buyers with information about the ground lease on the leasehold property they're purchasing.

What Are The Disadvantages of Buying a Leasehold Property? Fire Safety Checks and Costs. Ground Rent and service charge expenses. Lease Extensions. Shared Communal Spaces. Lack of Regulation for Freeholders. Less flexibility if you need to let the property. Higher Conveyancing Fees. Noise from Neighbours.

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Hawaii Amendment and Waiver of Surface Lease Rental Agreement