Hawaii Clause Providing for the Reduction of the Tenant Security Deposit

State:
Multi-State
Control #:
US-OL4A012B
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Description

This office lease clause states that the amount of the security deposit shall be reduced from 4 months' Base Rent to 3 months' Base Rent provided that certain lease conditions are met by the lessee.

In Hawaii, a Clause Providing for the Reduction of the Tenant Security Deposit is an important component of rental agreements. This clause outlines the conditions under which a landlord can deduct a portion of the tenant's security deposit at the end of the tenancy. It is essential for both tenants and landlords to understand the terms and potential scenarios covered by this clause. One type of Hawaii Clause Providing for the Reduction of the Tenant Security Deposit is the Damage Clause. Under this provision, the landlord can reduce the security deposit if the tenant has caused any damages to the rental property beyond normal wear and tear. This may include broken appliances, holes in walls, carpet stains, or other substantial damages that go beyond the ordinary use of the premises. Another type of clause is the Cleaning Clause. It specifies that a certain standard of cleanliness is expected from the tenant upon vacating the rental property. If the tenant fails to leave the premises in a reasonably clean condition, the landlord may reduce the security deposit to cover the cost of professional cleaning services or any necessary repairs resulting from improper cleaning. The Non-Payment of Rent Clause is yet another crucial provision. In this case, if the tenant fails to pay rent for the agreed-upon period, the landlord can apply a portion of the security deposit to cover the outstanding amount. This clause provides landlords with legal recourse to compensate for lost income due to unpaid rent. Additionally, some rental agreements include an Improper Alterations Clause. This clause covers any unauthorized modifications or alterations made by the tenant to the rental property without the prior consent of the landlord. If such alterations damage the property or violate any terms of the agreement, the landlord may reduce the security deposit accordingly. Lastly, the Abandonment Clause addresses situations where the tenant prematurely vacates the premises without proper notice or fails to return the keys upon departure. The landlord can utilize a portion of the security deposit to cover the costs associated with relaying or changing the locks, as well as any additional expenses incurred due to the tenant's abandonment. In conclusion, understanding the different types of Hawaii Clauses Providing for the Reduction of the Tenant Security Deposit is crucial for both landlords and tenants. These clauses allow landlords to protect their property and address any violations by tenants, while tenants need to be aware of their responsibilities to avoid any unexpected deductions from their security deposit. It is essential to review and comprehend these clauses thoroughly before signing a rental agreement to ensure both parties are well-informed and protected throughout the tenancy.

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FAQ

North Carolina's security deposit law states that security deposits are normally refundable at the end of the agreement term as long as the renter has not violated the terms of the agreement. A common violation that results in a landlord withholding part or all of the security deposit is excessive property damage.

When the rental ends, the landlord can use the money to pay for cleaning, unreturned keys, property damage caused by the tenant, or rent that the tenant still owes. The landlord cannot deduct money from the deposit for expenses relating to the gradual deterioration of the property through normal, everyday use.

Security deposits from the tenant in residential dwelling units shall be deposited in a trust account with a licensed and federally insured depository institution or a trust institution authorized to do business in this State, or the landlord may, at the landlord's option, furnish a bond from an insurance company ...

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.

The landlord has to return the security deposit within thirty (30) days of the termination of the tenancy or itemize any damages and mail any remaining security deposit balance to the tenant.

The landlord or the landlord's agent shall notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where the tenant's deposit is currently located or the name of the insurance company providing the bond.

Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.

§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.

More info

Any action by the tenant to recover all or any portion of the security deposit must be commenced within one year from the date the rental agreement terminated. Mar 7, 2023 — Under Hawaii law, a landlord must return the tenant's security deposit within 14 days after the tenant has surrendered the rental property to ...Sep 8, 2023 — Landlords in Hawaii are allowed to collect a security deposit at the start ... Landlords do not have to provide a receipt for a security deposit. Mar 2, 2023 — Withholding: Landlords may withhold funds from the security deposit for repairs, unpaid rent, failure to return keys, cleaning, damages, pet ... A landlord may require a new tenant to pay a security deposit before moving in. ... File for a Divorce · Obtain a Traffic Abstract · Download a Court Form · Learn ... by WH Henning · 2013 · Cited by 4 — If the security deposit is Article 9 collateral, then the landlord must either apply that $25 to reduce the tenant's lease obliga- tion or pay it to the tenant, ... The Rental Deposit is due upon receipt. A completed “Vacation Rental Agreement” is required within 24-hours to finalize your reservation. Review and acceptance ... May 6, 2020 — Advice from both sides of the fence and the agents who sit in the middle, including separate tip sheets for tenants and landlords. The owner may collect a security deposit from the tenant. (However, the PHA ... You must provide your TIN whether or not you are required to file a tax return. The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord ...

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Hawaii Clause Providing for the Reduction of the Tenant Security Deposit