Landlord Tenant Q&A with LURLINE R. JOHNSON (R)

LURLINE R. JOHNSON (R), ABR, CRB, CRS, GRI, RMP
Property Manager
Property Profiles, Inc.
Past President, Oahu Chapter
National Association of Residential Property Managers

Q. I got behind in my rent and my landlord gave me an eviction letter. Since receiving it, I paid up in full but my landlord still wants me out of the property for what seems like no reason to me now.

I have proof showing I paid and never had any other problems.

Do I have the right to stay in the unit through my lease period or at least until I find another suitable home or can I still be evicted?

A. The landlord is authorized by statute (Haw. Rev. Stat 521-68(a)) to send a demand for the rent that is overdue by giving the tenant a written notice that specifies that the rent must be paid by a specific date (not less than five business days after receipt of the notice) or the rental agreement will be terminated.

If delivery is refused by the tenant, then the owner can post the written notice “in a conspicuous place on the dwelling unit.”

If after receiving this demand letter you did not pay the full rent within the prescribed period of time (no less than five business days), the rental agreement can be terminated and the landlord is authorized to bring proceedings in court to recover possession of the dwelling.

Once the lease is breached by non-payment of rent, the landlord is within their rights to go forward with an eviction – so long as proper notice and time frames are met. They have no obligation to allow you to stay in the unit through the end of the lease period or until you can find a suitable replacement property. Not paying your rent on a timely basis opens you up to the possibility that the landlord will go for an eviction via the court process of summary judgment.

You also need to be careful because if a judgment comes down giving possession back to the landlord and you don’t vacate the property, you can be considered a “holdover tenant.” As a holdover tenant (tenant who stays in the unit without the landlord’s permission), the tenant will owe “a sum not to exceed twice the monthly rent under the previous rental agreement, computed and prorated on a daily basis, for each day the tenant remains in possession.” If the tenant stays with the landlord’s permission, the tenant owes a prorated rate of the rent for each day that the tenant stays in the unit (based on standard 30 day proration).

Acceptance of partial rent during the court action does not change the situation and the landlord can continue with summary possession or action to recover the back rent. Even if back rent was paid, the landlord could still recover attorney’s fees, and the cost of suit in an action to recover back rent.

Locations Hawaii
Michael Marks
Sandwich Isles Realty
Kimo Smigielski, Broker-in-Charge
R, ABR, CRS, GRI, e-PRO
Hawaii Life Real Estate Brokers
Emily Garcia
Agent, REALTOR(A), RS-77391
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Gwendolyn K. DeCoito, RS-32241
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Glenn Takase, RB-18547