If you are a landlord or prospective landlord in Hawaii, you are most likely aware that there are laws governing the landlord-tenant relationship, but did you know that there is a specific Hawaii landlord tenant code? At Landlord Station, we firmly believe that the key to protecting your rights, and for ensuring your responsibilities are properly managed as a landlord, is in knowing all the Hawaii rental laws. The following is some general information to help you understand the Hawaii landlord tenant code. However, it is not legal advice and when dealing with serious legal matters like this, legal counseling should be sought from an experienced attorney.
Known as the Hawaii Residential Landlord-Tenant Code, the Hawaii rental laws are located in Chapter 521 of the Hawaii Revised Statutes. This Hawaii landlord tenant code is meant to protect the rights and enforce the responsibilities of landlords and tenants alike. Generally, rental disputes can be prevented or effectively resolved through better understanding and communication between the landlord and the tenant. The landlord tenant code, Hawaii helps facilitate such understanding and communication between landlords and tenants on things like:
•Types of contract agreements and associated terms
•Landlord and tenant responsibilities and remedies
For example, according to the Hawaii Residential Landlord-Tenant Code, there are two types of agreements: oral and written. An oral agreement generally creates a rental agreement that is month-to-month and may not exceed one year. A written agreement can be for any length of time and any changes must always be put in writing. In both types of agreements, provisions regarding rent including the amount, how, when, and where it’s paid, how long the rental agreement will be in place, and special agreements involving who is responsible for what should be set forth.
As a landlord, there are certain obligations the Hawaii landlord tenant law requires of you. These generally involve the health and safety of the tenant, and include responsibilities such as making repairs, keeping necessary facilities like electric and plumbing in good working condition, and maintaining the premises in livable condition. However, you also have rights and protections through the code under your tenant’s obligations to you. The tenant’s obligations include paying rent, allowing you reasonable access to the property, and maintaining the property. In any scenario where obligations are not followed, the remedies of the Hawaii Residential Landlord-Tenant Code include:
• Correcting a maintenance issue and billing the responsible landlord/tenant for it
• Agreement termination and/or eviction
• Recovery of financial damages
• Recovery of related legal fees
Generally, the requirements of the Hawaii Residential Landlord-Tenant Code are basic and easily addressed through open communication and cooperation between the landlord and the tenant. This information Hawaii landlord tenant code is meant to make renting out properties easy and efficient. For more information on how this code applies to your rental agreements, explore the law itself in HRS § 521 or consult an experienced attorney.
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