Hawaii Tenant Right to Terminate Lease

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Multi-State
Control #:
US-OL4024A
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Description

This office lease states that the tenant has the right to terminate this lease, after the second anniversary of the lease, upon tendering to the landlord ninety (90) days written notice.

Hawaii Tenant Right to Terminate Lease: In Hawaii, tenants have certain rights when it comes to terminating a lease agreement. These rights provide tenants with the flexibility to end their tenancy under specific circumstances without facing legal consequences. Understanding these rights is crucial for both landlords and tenants. Below, we will explore the various types of Hawaii tenant right to terminate lease and provide a detailed description of each. 1. Early Lease Termination: Hawaii law allows tenants to terminate their lease early under specific conditions. These conditions typically include situations where the tenant needs to relocate due to military deployment, domestic violence, or certain health issues. To terminate the lease in these cases, tenants must provide written notice to their landlords within a specified period, usually 30 days. 2. Constructive Eviction: Constructive eviction refers to situations where a landlord's actions or failure to address significant issues prevent the tenant from living comfortably in the rental property. If a landlord fails to provide essential services such as water, heating, or electricity, or if the property is infested with pests, the tenant may have the right to terminate the lease. However, the tenant must provide written notice to the landlord, outlining the ongoing issues and allowing a reasonable time for rectification before terminating the lease. 3. Uninhabitable Conditions: If a rental property becomes uninhabitable due to significant structural or safety issues, Hawaii tenants have the right to terminate their lease. Uninhabitable conditions may include severe water leaks, mold infestation, faulty electrical wiring, or the presence of harmful substances like asbestos or lead paint. Similar to constructive eviction, tenants must provide written notice and allow a reasonable time for the landlord to address the issues before terminating the lease. 4. Military Deployment: Hawaii law provides additional rights for military service members. If a tenant receives military orders for deployment or a change of station, they may terminate their lease without any penalty or liability. This provision aims to support military personnel who are required to relocate for their service duties. Proper notice should be given to the landlord, and the terms of termination will depend on the specific circumstances outlined in military orders. 5. Landlord Violations: In cases where a landlord consistently violates the terms of the lease agreement, tenants may have the right to terminate the lease. Such violations may include unlawfully entering the rental property, harassing the tenants, or failing to maintain the premises as required by Hawaii law. Tenants should document the violations and provide written notice to the landlord before terminating the lease. Understanding the different types of Hawaii tenant right to terminate lease allows both tenants and landlords to navigate these situations with clarity and fairness. Tenants should always review their lease agreement and consult Hawaii state laws to ensure they are exercising their rights appropriately. Similarly, landlords must familiarize themselves with these rights to avoid potential legal disputes and maintain a positive relationship with their tenants.

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FAQ

§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.

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

Hawaii Eviction Process Timeline Notice Received by TenantsAverage TimelineIssuing an Official Notice24 hours-120 daysIssuing and Serving of Summons and ComplaintA few days to a few weeksTenant Files for Appearance5-7 daysCourt Hearing and JudgmentA few days to a few weeks2 more rows ?

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.

Tenants can use the Hawaii Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their Hawaii Lease Agreement.

Landlord must give 45 days written notice pursuant to §521-71(a) Tenant must give 28 days written notice pursuant to §521-71(b)

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Sep 10, 2023 — To break a lease for uninhabitable conditions, the landlord must notify the landlord. The notice must be in writing of the condition. After a ... Legal Requirements. The law requires: A. Both landlords and tenants act in good faith in the performance and enforcement of duties, rights or remedies.Apr 1, 2013 — If the tenant wants to terminate a month-to-month tenancy, he or she must give the landlord a written notice at least twenty-eight days in ... Apr 3, 2022 — A tenant who wishes to terminate the lease must provide the landlord with written notice at least 28 days before moving out. Can a landlord kick ... 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. The Hawaii Residential Landlord-Tenant Code, Chapter 521 of the Hawaii Revised Statutes (HRS) Section 63 allows a tenant the right to cancel their tenancy ... Before terminating your Hawaii Residential Lease, you should consider using a Notice to Quit if you feel like the problem can be remedied. For example, if the ... The State of Hawaii's Statute § 521-71 requires that a landlord wishing to terminate a month-to-month contract must give their tenant at least forty-five (45) ... This notice must inform the tenant that the tenant has five days to pay rent or the landlord will terminate the tenancy. If the tenant does not pay rent within ... Feb 1, 2022 — The landlord must consent to the early termination. · This Agreement is for residential units only. · The tenant must give the landlord written ...

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Hawaii Tenant Right to Terminate Lease