U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
Old 09-22-2009, 10:57 PM
 
2 posts, read 4,466 times
Reputation: 10
Default Breaking a lease in HI

I'm just looking for some advice so I'll give you all some background.

I'm military, as is my husband, who is deployed and have a lease ending in May 2010. I found out I was pregnant in July and I currently live in a studio without dedicated laundry, without a stove, without drinkable water. Problems with my landlord include I came home one night with my belongings rifled through and gave notice my certified mail to my landlord I wanted to end my lease because my unit was entered without permission. It turns out it was the police, executing a search warrant because of her son. After this I came home to my whole studio smelling like marijuana smoke twice. Also I went to Japan to see my husband's family and while I was gone my landlord's son (30 years old, not a little kid) went into my studio without permission, I confronted my landlord about something being missing and vice rectifying the situation then and there she told me her son was sleeping. She still hasn't returned my possessions. After returning from Japan for two days all night long they played music until 6am when my lease says quiet hours begin at 10pm. Aside from this one of my big concerns is the laundry. Her & her son leave laundry in the washer for days on end, making it so I can't do laundry and then my laundry smells like mold when I can finally do it unless I run an empty load with bleach. How am I going to have an infant and not be able to do laundry? Also, just the basic problem of it being it a studio. I just DO NOT have enough space for my bed, my dog's crate, a crib, and all the things that I need for a child.

So is there some kind of clause that gets me out of this? Having three people living in a single room? Or am I going to have to fight it out tooth and nail with this woman?

I don't feel safe there alone let alone with an infant because of her son.
Reply With Quote Quick reply to this message

 
Old 09-22-2009, 11:37 PM
 
Location: Upstate New York
263 posts, read 604,042 times
Reputation: 193
Talk to the police, and then a lawyer, and then to the police again. That 30 year old needs a rifle pointed at his head, if you get my meaning.
Reply With Quote Quick reply to this message
 
Old 09-23-2009, 12:01 AM
 
Location: back on Oahu...
92 posts, read 247,075 times
Reputation: 40
since you're military, have you tried going to your branch's legal office for advice?

also, http://www.hawaii.gov/dcca/areas/ocp/landlord_tenant/landlord_tenant_HB_final.pdf (broken link) it says it's the 2007 version, i don't know where to find a 2009 version of the landlord-tenant handbook.

page 22:

"Landlord's Entry Without Permission - Section 73(b)(1)(2) & (3). Except for an entry in an emergency such as a fire, the landlord shall be liable to the tenant for any theft, casualty, or damage caused by the landlord's entry or by anyone acting for the landlord when the tenant is absent and has not consented to a specific entry. The landlord is also liable for theft, casualty, or damage caused when the tenant is present but has not given consent for entry or in any case where damage is caused by the landlord's negligence.

Unreasonable Entry - Section 73(c). Upon repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another person with the landlord's permission or license which is unreasonable and not consented to by the tenant, a tenant may:
A. Terminate the rental agreement;
B. Seek a court injunction against the landlord, and a fine of not more than $100."
Reply With Quote Quick reply to this message
 
Old 09-23-2009, 12:52 AM
 
2 posts, read 4,466 times
Reputation: 10
I guess that's what I'll do, just pursue the termination because of entry..

And Skybob, when the cops came through my house that's what they were looking for..
Reply With Quote Quick reply to this message
 
Old 09-23-2009, 09:47 AM
 
Location: Fargo ND
21 posts, read 39,522 times
Reputation: 14
Make sure to document all illegal entries into your place. Also anything like the music going until 6pm, document in a notebook. If they take you to small claims court that will be your proof that you had these issues and are just not trying to break the lease. We had issues with a landlord and our attorney told us to document, document and document some more. Good luck and contrats on the baby!
Reply With Quote Quick reply to this message
 
Old 09-24-2009, 07:17 PM
 
91 posts, read 148,771 times
Reputation: 54
Quote:
Originally Posted by beautifulnm View Post
I'm just looking for some advice so I'll give you all some background.

I'm military, as is my husband, who is deployed and have a lease ending in May 2010. I found out I was pregnant in July and I currently live in a studio without dedicated laundry, without a stove, without drinkable water. Problems with my landlord include I came home one night with my belongings rifled through and gave notice my certified mail to my landlord I wanted to end my lease because my unit was entered without permission. It turns out it was the police, executing a search warrant because of her son. After this I came home to my whole studio smelling like marijuana smoke twice. Also I went to Japan to see my husband's family and while I was gone my landlord's son (30 years old, not a little kid) went into my studio without permission, I confronted my landlord about something being missing and vice rectifying the situation then and there she told me her son was sleeping. She still hasn't returned my possessions. After returning from Japan for two days all night long they played music until 6am when my lease says quiet hours begin at 10pm. Aside from this one of my big concerns is the laundry. Her & her son leave laundry in the washer for days on end, making it so I can't do laundry and then my laundry smells like mold when I can finally do it unless I run an empty load with bleach. How am I going to have an infant and not be able to do laundry? Also, just the basic problem of it being it a studio. I just DO NOT have enough space for my bed, my dog's crate, a crib, and all the things that I need for a child.

So is there some kind of clause that gets me out of this? Having three people living in a single room? Or am I going to have to fight it out tooth and nail with this woman?

I don't feel safe there alone let alone with an infant because of her son.
That's not too atypical. Document *everything*. Tell your landlord that you are breaking the lease because they are acting in contravention. Then demand all your deposit back. When they balk, and they most likely will, tell them you are going to take them to Small Claims Court to sue for the money. They typically have 14 days to pay you off.

In Honolulu, it takes about 30 days from filing the paperwork (you can even get a waiver if your earnings are low enough) to the court date to entering judgement. It's always better if you sue them before they sue you, btw. Winning the case isn't the issue, collecting on it is. Hopefully you have a check from the landlord with the routing number and account number on it. If you have that, and you win in court, and you don't get paid, you can put in an order for garnishment and the courts can take the money out of his/her account(s) and place liens on any property until the judgement has been paid off completely.
Reply With Quote Quick reply to this message
 
Old 09-24-2009, 11:02 PM
 
Location: Kailua Kona, HI
2,639 posts, read 5,812,675 times
Reputation: 2200
Quote:
Originally Posted by beautifulnm View Post
I'm just looking for some advice so I'll give you all some background.

I'm military, as is my husband, who is deployed and have a lease ending in May 2010. I found out I was pregnant in July and I currently live in a studio without dedicated laundry, without a stove, without drinkable water. Problems with my landlord include I came home one night with my belongings rifled through and gave notice my certified mail to my landlord I wanted to end my lease because my unit was entered without permission. It turns out it was the police, executing a search warrant because of her son. After this I came home to my whole studio smelling like marijuana smoke twice. Also I went to Japan to see my husband's family and while I was gone my landlord's son (30 years old, not a little kid) went into my studio without permission, I confronted my landlord about something being missing and vice rectifying the situation then and there she told me her son was sleeping. She still hasn't returned my possessions. After returning from Japan for two days all night long they played music until 6am when my lease says quiet hours begin at 10pm. Aside from this one of my big concerns is the laundry. Her & her son leave laundry in the washer for days on end, making it so I can't do laundry and then my laundry smells like mold when I can finally do it unless I run an empty load with bleach. How am I going to have an infant and not be able to do laundry? Also, just the basic problem of it being it a studio. I just DO NOT have enough space for my bed, my dog's crate, a crib, and all the things that I need for a child.

So is there some kind of clause that gets me out of this? Having three people living in a single room? Or am I going to have to fight it out tooth and nail with this woman?

I don't feel safe there alone let alone with an infant because of her son.

Here are a few questions for you to consider, as they may well be asked of you should this go to court.
1. Why did you choose this unit in the first place? Were you not aware of the size of the apartment and it's amenities or lack thereof?
2. Have you sent a certified letter to the LL regarding all your complaints, repairs needed, noise, etc? If not, why not? If so, what was the result?
3. The clause you ask about regarding 3 people in a studio is clearly addressed w/ Hawaii's Fair Housing law. Discrimination because of familial status is illegal. Unless the building (such as a hotel or condo) has legal occupancy limits, 3 people to a studio is not "illegal". Nor is it very unusual in Hawaii.

Get your paperwork in order and address this as a business transaction, because that's what it is. Emotions and threats, exaggerations and what ifs are counterproductive.

I'm real curious about the water. Why is it non-drinkable? Are you on catchment? Common in Hawaii; many people have to buy water for drinking and cooking.
Reply With Quote Quick reply to this message
 
Old 09-24-2009, 11:35 PM
 
13,506 posts, read 24,647,711 times
Reputation: 7789
Good Answers... Thanks KonaKat
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Similar Threads

All times are GMT -6. The time now is 11:57 PM.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top