Question for repairs.. Landlords right to make ..

[WorldKlas]

Originally Posted by 1freespirit

WOO HOO Hubby called job is done took him 3 hours pipe repaired.. everything is fine now. No more sluggish toilet...

Well, the plane ticket can at least be expensed on your tax return.....

[Rabrrita]

Originally Posted by 1freespirit

WOO HOO Hubby called job is done took him 3 hours pipe repaired.. everything is fine now. No more sluggish toilet...

Good to hear but you need to have a sit down with a Hawaii attorney.

1. HRS requires you to give the tenant 48 notice to enter for anything but an emergency, If you did not give that notice, the tenant has every right to dictate when you come in within that 48 hours!

2. HI courts remind landlords that there are TWO parts to the law. The second part is that the tenant shall not unreasonably withhold access after the notice period. However, unreasonable is more along the line of denial with no reason. If they say they have a child that is sick, withholding access is reasonable. If they work from home and need quiet, that is reasonable. So long as they are not deny any entry they can say you need to come in the afternoon, or on Tuesday but not this Monday.

3. When you rent your property, unless you specifically establish the physical area covered by the lease, if you just use an address, you are renting them the entire property. You have no more rights to enter the outside and surrounding land of the property as you do entering their house without proper notice.

4. You can place anything you want in a lease but HI courts do not recognize as valid any provision that is contrary to state law.

Look over the events as they happened and ask yourself if you now see some law violations on your part. If so, just be thankful he tenant wasn't aare of them (or they may have been evidence by the denial of access).

[1freespirit]

Originally Posted by Rabrrita

Good to hear but you need to have a sit down with a Hawaii attorney.

1. HRS requires you to give the tenant 48 notice to enter for anything but an emergency, If you did not give that notice, the tenant has every right to dictate when you come in within that 48 hours!

2. HI courts remind landlords that there are TWO parts to the law. The second part is that the tenant shall not unreasonably withhold access after the notice period. However, unreasonable is more along the line of denial with no reason. If they say they have a child that is sick, withholding access is reasonable. If they work from home and need quiet, that is reasonable. So long as they are not deny any entry they can say you need to come in the afternoon, or on Tuesday but not this Monday.

3. When you rent your property, unless you specifically establish the physical area covered by the lease, if you just use an address, you are renting them the entire property. You have no more rights to enter the outside and surrounding land of the property as you do entering their house without proper notice.

4. You can place anything you want in a lease but HI courts do not recognize as valid any provision that is contrary to state law.

Look over the events as they happened and ask yourself if you now see some law violations on your part. If so, just be thankful he tenant wasn't aare of them (or they may have been evidence by the denial of access).

What are you talking about? He went only when the Tenant said he could... not like he just barged in or anything. She knew he arrived in Hawaii on the 21st so way longer then 48 hour notice. Plus she new almost a week ago he was coming.

I was just asking what notice he had to give or does he have to go by her schedule... I knew it was 48 hours. She knew he was on Island she is the one who set up the time to come repair.

Just didn't like the fact she gave HIM NO NOTICE!!! Just called and demanded he come fix now within the next couple hours as she was available.

No we did not break any "Law Violations" not even worried about it. Took him 3 hours to do the job and he went when Tenant said he could.

[unit731]

Put in the lease (next time) "one working toilet".
Done.

[NY Annie]

I think you just might have a difficult time when October rolls around and you expect the tenant to leave. Time to start thinking of the "what if" she doesn't leave at the end of the lease.

[paradigm72]

You got it repaired which is great but I wanted to make some suggestions on notice for repairs:

1. Try to give as much advanced notice as possible. If possible one or two weeks is great because this might allow the tenant to adjust their schedule.

2. Try to give the tenant a few choices of when it can be done instead of just telling them what day and time and that they "need to deal with it".

3. If the tenant accepts a time and then doesn't stick to it then you do what you need to do.

4. Understand that it may be your property but it is the tenant's current home! Would you like it if the tenant suddenly was allowed to poke around inside your private residence while you were not present? If the tenant wishes to be present for the repairs and this is at all possible please try to respect this wish and understand that it is only natural to want some privacy in your home.

While some states might legally allow a landlord to unilaterally declare a time for entry, it is in fact quite rude to do and the shorter the notice the worse it is. For example Florida only specifies a minimum of 12 hours notice but if a landlord called me and told me at 8pm that he would be over tomorrow at 8am to replace the toilet and isn't asking for permission then I would definitely see him as a bit of a jerk.

"Remember the tenant is your customer and not an inmate in a prison. Inmates usually don't pay rent!"

[1freespirit]

Originally Posted by paradigmfl

You got it repaired which is great but I wanted to make some suggestions on notice for repairs:

1. Try to give as much advanced notice as possible. If possible one or two weeks is great because this might allow the tenant to adjust their schedule.

2. Try to give the tenant a few choices of when it can be done instead of just telling them what day and time and that they "need to deal with it".

3. If the tenant accepts a time and then doesn't stick to it then you do what you need to do.

4. Understand that it may be your property but it is the tenant's current home! Would you like it if the tenant suddenly was allowed to poke around inside your private residence while you were not present? If the tenant wishes to be present for the repairs and this is at all possible please try to respect this wish and understand that it is only natural to want some privacy in your home.

While some states might legally allow a landlord to unilaterally declare a time for entry, it is in fact quite rude to do and the shorter the notice the worse it is. For example Florida only specifies a minimum of 12 hours notice but if a landlord called me and told me at 8pm that he would be over tomorrow at 8am to replace the toilet and isn't asking for permission then I would definitely see him as a bit of a jerk.

"Remember the tenant is your customer and not an inmate in a prison. Inmates usually don't pay rent!"

1. Try to give as much advanced notice as possible. If possible one or two weeks is great because this might allow the tenant to adjust their schedule.

Tenant wanted it done immediately which it was.. well less then one week since she mentioned sluggish toilet and still to long for her. Less then one week sluggish toilet was repaired. . Tenant picked the time when to come to repair we did not.

2. Try to give the tenant a few choices of when it can be done instead of just telling them what day and time and that they "need to deal with it".

We never mentioned a date or time for repairs she did.. she pretty called in the AM of the day she wanted the work done and said come now I have a couple hours you can come now. She gave US NO warning..

4. Understand that it may be your property but it is the tenant's current home! Would you like it if the tenant suddenly was allowed to poke around inside your private residence while you were not present? If the tenant wishes to be present for the repairs and this is at all possible please try to respect this wish and understand that it is only natural to want some privacy in your home.

The work was outside no need to go inside and we ONLY did the repair when she said OK. She was home at all times. Nobody was poking around anywhere inside did not even go inside and he didn't except with her permission when the job was done to test everything working properly

While some states might legally allow a landlord to unilaterally declare a time for entry, it is in fact quite rude to do and the shorter the notice the worse it is. For example Florida only specifies a minimum of 12 hours notice but if a landlord called me and told me at 8pm that he would be over tomorrow at 8am to replace the toilet and isn't asking for permission then I would definitely see him as a bit of a jerk.

Not sure what you are referring to he ONLY went over there when Tenant SAID he could. I have no clue where you are coming from.

I did learn something from this forum.. Next season when we rent our cottage for the 5 Summer months as that is all it is every year is 5 months we live in it the rest of the year it is our personal residence. On the lease for next Summer is going to have a diagram of the house (from property tax site) with dimensions etc. THAT is what the tenant is going to rent the house not the land it is sitting on or the yard etc.. No different then someone renting a condo or an apartment building. ".

This post is actually closed repairs have been done ~ Tenant happy ~ We are happy all is good.

[1freespirit]

Originally Posted by NY Annie

I think you just might have a difficult time when October rolls around and you expect the tenant to leave. Time to start thinking of the "what if" she doesn't leave at the end of the lease.

I think she will leave really do not see her staying longer. It is a cottage and very remote and she seems to be more accustomed to condo or apartment life on the mainland. She is a "Fru Fru" type person. Living in Hawaii is much different then the mainland unless your a tourist and on vacation. I am sure she will not stay and if she buys a house or even rents another one it will be in town not in the jungle and private like where our cottage is. Which is fine with us!