This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.
Hawaii Tenant Self-Help Right
Category:
State:
Multi-State
Control #:
US-OL13022
Format:
Word;
PDF
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FAQ
Any costs, such as cleaning or specific repairs, must be itemized and copies of receipts included. If the repairs cannot be accomplished within the 14 days, estimates for the cleaning or repair services may be substituted.
§521-51 Tenant to maintain dwelling unit. Where no evidence that tenant's failure to replace damaged tiles constituted a violation of applicable building and housing laws materially affecting health and safety under paragraph (1), landlord was not authorized under §521-69(a) to terminate tenant's lease.
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.
There is no limit on the amount of the rent increase as there is no rent control in Hawaii.
Illegal landlord actions include discrimination, failing to provide necessary repairs or maintenance, unlawful eviction, and violating tenants' privacy rights.
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.
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.
