Landlord/Tenant: CATHERINE M. MATTHEWS (R), GRI – Hawaii Real Estate – A complete listing of Hawaii Homes on Oahu Honolulu
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Broker-In Charge, Callahan Realty, Ltd.
Past President, Oahu Chapter
National Association of Residential Property Managers

NARPM had a very successful sold out conference for owners on August 21, 2018. There was a panel question and answer period at the end of the day. Below are some short questions and answers that came up, many of which we were not able to get to due to time constraints. This will be a two part series.

Q. If you provide housing and food for International students, do you fall under the Landlord Tenant Code or Air BNB rules?

A. I am assuming as a housing provider you are not an official student dormitory in answering this question. You would fall under the Landlord Tenant Code; the fact that you are providing food is great for the students but does not have any effect on the answer to the question.

Q. I signed a lease with a married couple. The husband passed away during the lease, how does this affect the lease?

A. The wife is still a tenant on the lease and continues to be obligated to the terms of the lease. In the practical handling of the situation, I would suggest talking to the wife to find out if she wants to stay on and then you need to determine if she is capable of paying on her own. If she is not able to pay the current rental rate then I would suggest that you work together to allow her out of the lease. You may want to require her to pay rent until you find another tenant.

Q. I’ve been renting to a tenant for 5 years and suddenly they have a small dog that I never agreed to allow. What are my options?

A. You can give them 10 days written notice to remove the dog from the property. If they do not remove the dog, you can take them to court to terminate the lease for the violation. Another option would be to allow the dog and add a pet addendum to your lease, you would also be able to charge a pet deposit which is a negotiable amount up to but not exceeding one month’s rent.

Q. I have given a tenant 5 business days written notice to pay their late rent or I am terminating their rental agreement and suing for eviction. They sent a check for partial payment, if I cash it am I agreeing to let them stay?

A. No, not unless you have stated otherwise in writing or orally. The tenant owes you the entire amount due in order to stop the termination of their rental agreement. Accepting partial payment does not start the process over or nullify it; it would just amend the amount owed which can be addressed in court.

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