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It sounds like your landlord probably shouldn't be in the property rental business. Since there's no written rental agreement or lease, I'll have to ask a few questions to ascertain everyone's rights and responsibilities...
1. How often did you pay rent? Monthly? Weekly? Or some other term?
2. Who usually collected the rental payments? The landlord? The landlord's daughter? Or both of them?
3. Was the rent paid by check, cash, or both?
4. Were written receipts provided when the rent was paid?
5. Was there a security deposit?
1. Rent is paid monthly.
2. The rent is always paid to the landlord. There was only one instance she asked us to write it to her daughter because the landlord was going to be out of town for the whole month.
3. We paid with check, only on a few occasions with cash.
4. She never wrote a receipt. We asked a few times if she could, but she never got around to it which is why we started paying by check so our bank statements would show it was paid.
5. There was a security deposit that we paid. She was kind of offended when we had asked her to sign a receipt stating what we put down for it.
When they had called the police on us for denying the photos they tried to claim the daughter was the landlords interpreter because she "doesn't speak english well." but that's total crap because the landlord spoke English well enough for us to understand her for the first two years we lived here. All this only started happening when the daughter moved in back in September.
The daughter also claims she has authority because supposedly she's going to be buying the property from her mom. I don't know why that would give her authority and I'm pretty sure she's lying.
MLhi - it wouldn't be a bad idea to try to make nice with the daughter and landlord - this is a small island, you never know who knows who for when you get your next place - and not getting a reference for your next place can also be a problem. Wanting to take some photos and showing prospective tenants a place coming up for rent is common.
Actually, a tenant does have to allow a landlord access to the interior of a dwelling unit to show it to prospective tenants. Here is the relevant section of the Hawaiʻi Revised Statutes that pertains to acesss...
[§521-53] Access. (a) The tenant shall not unreasonably withhold the tenant's consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants.
(b) The landlord shall not abuse this right of access nor use it to harass the tenant. Except in case of emergency or where impracticable to do so, the landlord shall give the tenant at least two days notice of the landlord's intent to enter and shall enter only during reasonable hours.
(c) The landlord shall have no other right of entry, except by court order, unless the tenant appears to have abandoned the premises, or as permitted by section 521-70(b). [L 1972, c 132, pt of §1; gen ch 1985]
If that's the case, then why did previous tenants of ours tell my mother's realtor that they will not open the door to show my parents' house to prospective buyers, unless the realtor is "bonded and insured"?
The tenants claimed that any losses or damages resulting from prospective buyers entering my parents' house may result in lawsuit.
Quote:
That's a good practice to have. Hopefully, you'll help your parents to improve their tenant screening process so that you won't have any problems with deadbeat tenants in future.
Well excuse me, I take offense at your snide remark. This is the website I use to screen tenants, https://www.screeningworks.com/index.jsp.
According to the report I got from that website, the deadbeat tenant had a clean record with the SSN he provided me. I have been using this website for the last two previous set of tenants, and the clean record, free of evictions, were also listed for the two previous tenants.
1. Rent is paid monthly.
2. The rent is always paid to the landlord. There was only one instance she asked us to write it to her daughter because the landlord was going to be out of town for the whole month.
3. We paid with check, only on a few occasions with cash.
4. She never wrote a receipt. We asked a few times if she could, but she never got around to it which is why we started paying by check so our bank statements would show it was paid.
5. There was a security deposit that we paid. She was kind of offended when we had asked her to sign a receipt stating what we put down for it.
Based on your responses, it appears that you have a basic "month-to-month" tenancy. Unfortunately, it also appears that the landlord's daughter has acted as her agent in at least one instance in the collection of rent.
Quote:
Originally Posted by MLhi
When they had called the police on us for denying the photos they tried to claim the daughter was the landlords interpreter because she "doesn't speak english well." but that's total crap because the landlord spoke English well enough for us to understand her for the first two years we lived here. All this only started happening when the daughter moved in back in September.
The daughter also claims she has authority because supposedly she's going to be buying the property from her mom. I don't know why that would give her authority and I'm pretty sure she's lying.
The daughter's potential purchase of the property from her mother is irrelevant; however, the fact that the daughter has acted as her mother's agent in the past and appears to be currently operating in collusion is relevant. As to the reasonableness of the landlord and/or her daughter's request to inspect, photograph, and show the premises to potential renters, most Hawaiʻi judges would probably deem it reasonable. The rationale is that the minimum 2 day "notice of intent to enter requirement" was enacted to give tenants time to hide or secure their valuables before an inspection, showing, etc. Hawaiʻi law provides tenants with certain protections when a landlord or landlord's agent is allowed access. Unfortunately, it also allows landlords to stick it to the tenants if they unreasonably refuse to allow access. Here is the relevant section of the Hawaiʻi Revised Statutes...
[§521-73] Landlord's and tenant's remedies for abuse of access. (a) The tenant shall be liable to the landlord for any damage proximately caused by the tenant's unreasonable refusal to allow access as provided in section 521-53(a).
(b) Except for an entry under an emergency such as fire, the landlord shall be liable to the tenant for any theft, casualty, or other damage proximately caused by an entry into the dwelling unit by the landlord or by another person with the permission or license of the landlord:
(1) When the tenant is absent and has, after having been notified by the landlord of a proposed entry or entries, refused consent to any such specific entry;
(2) Without the tenant's actual consent when the tenant is present and able to consent; or
(3) In any other case, when the damage suffered by the tenant is proximately caused by the landlord's negligence.
(c) In the event of repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another with the landlord's permission or license which is unreasonable and not consented to by the tenant:
(1) The tenant may treat such actions as grounds for termination of the rental agreement;
(2) Any circuit court judge on behalf of one or more of the tenants may issue an injunction against a landlord to enjoin violation of this subsection;
(3) Any circuit court judge hearing a dispute as set out in [paragraph] (2) may also assess a fine not to exceed $100.
As whtviper1 mentioned earlier, it wouldn't be a bad idea to "make nice" the the landlord and her daughter.
We're not worried about references as my fiance has already purchased a home which is why we are moving. We have tried to cooperate with them, they are the ones who are upset because we're making them give us notice. We've spoken to landlord tenant code and were told we can deny photos because our valuables are still there. It's not hindering any process of them renting the place as people are still showing up to see the place. We're also allowing them to do a showing on Saturday. The reason we denied them the showing last time was because they did not tell us about it.
I don't like being told to "make nice" with them because they are the ones who chose to not follow simple notice rules. My fiance has politely tried to tell them that they have to give notice and has politely declined the photos, they are the ones who automatically flipped out on him. The only way they are going to stop bothering us is if we let them wander in whenever they please with 20 people in tow. Even when the people we turned away showed up, we answered any questions they had about the house, we just couldnt take them inside cause it wasnt ready.
We're fine with the landlord doing the showing. The reason we don't want the daughter to come on the property is because she has a bad attitude and doesn't professionally handle business. She pretty much harasses us and tries to intimidate.
If they dont find a tenant it's because the prospective renters will see how unprofessional and messy renting this place can be. The landlord yelled at my fiance in front of 15 of the people that showed up to look at the place simply because he exercised his right to say no and when I tried to tell her that she has to give notice she tried to force me to go into my house. They also get turned off by the noisy dogs and the fact that they posted false information in their ad.
I'm not looking to keep the landlord off the property, it's the daughter we don't want here. The landlord operated fine before her daughter moved in.
If that's the case, then why did previous tenants of ours tell my mother's realtor that they will not open the door to show my parents' house to prospective buyers, unless the realtor is "bonded and insured"?
The tenants claimed that any losses or damages resulting from prospective buyers entering my parents' house may result in lawsuit.
Was a proper "notice of intent to enter" given? If not, those previous tenants were well within their rights to refuse entry to the realtor.
Quote:
Originally Posted by CuriousKapono80
Well excuse me, I take offense at your snide remark. This is the website I use to screen tenants, https://www.screeningworks.com/index.jsp.
According to the report I got from that website, the deadbeat tenant had a clean record with the SSN he provided me. I have been using this website for the last two previous set of tenants, and the clean record, free of evictions, were also listed for the two previous tenants.
The mention of a previous case doesn't exactly constitute a "snide remark."
Using Screeningworks.com to screen tenants is about as useful as Carfax.com is for evaluating used cars. Both may alert you to major "red flags", but make no guarantees that the information they provide is accurate. Here's an excerpt from Screeningworks.com "Terms of Use" disclaimer...
In the "Customer's Certification of Legal Compliance," you agreed to comply with all federal, state, and local laws covering the receipt or use of consumer reports from YARDI Resident Screening. By signing this agreement, you further agree to the following additional terms of use:
1. The Customer agrees that the Customer has defined criteria for accepting and rejecting rental applicants and that Customer has sole responsibility for all rental applicant selection and rejection decisions. The Customer agrees that YARDI Resident Screening makes no determinations as to suitability for renting.
2. The Customer understands that YARDI Resident Screening obtains the information reported in its information products from various third party sources "AS IS", and therefore is providing the information to the Customer "AS IS". YARDI Resident Screening makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports, that the information products will meet the Customer's needs, or will be provided on an uninterrupted basis; YARDI Resident Screening expressly disclaims any and all such representations and warranties.
3. The Customer agrees that YARDI Resident Screening will not be liable for any indirect, incidental, consequential, or special damages for loss of profits, whether incurred as a result of negligence or otherwise, even if YARDI Resident Screening has been advised of the possibility of such damages. The Customer agrees to indemnify and hold harmless YARDI Resident Screening, its successors and assigns, officers, directors, employees, agents vendors, and suppliers from any and all claims, actions or liabilities arising from or with respect to information products provided by it.
It might prove educational to visit a few well-run, local property management firms and adopt some of their practices for screening and verifying tenant information.
That's correct; however, there are certain prerequisites that need to be fulfilled (e.g. a disclosure, agreement, or contract) to establish that a particular individual or company is acting as the agent of a landlord.
Not true.
For instance, let's say that the aircon stops working. You call the landlord, then the landlord flips through the Yellow Pages and calls the HVAC repair company with the biggest display ad and 50 people doing repairs. That company sees that Joe is in the area, so they send him a text telling him to stop by your place.
Joe is now the landlord's agent -- with legal access to the property -- even though the landlord hasn't ever heard of Joe, much less filed any kind of "disclosure, agreement or contract" naming him as agent.
Joe is required to follow the same laws regarding access that the landlord must follow, however.
When they had called the police on us for denying the photos they tried to claim the daughter was the landlords interpreter because she "doesn't speak english well." but that's total crap because the landlord spoke English well enough for us to understand her for the first two years we lived here.
It doesn't matter how well their English is in one circumstance, if they feel that they need an interpreter in another circumstance.
I'm not looking to keep the landlord off the property, it's the daughter we don't want here. The landlord operated fine before her daughter moved in.
That doesn't matter. If the landlord designates her daughter as her agent you'll have to deal with her.
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