Help! Any lawyers out there? (Hawaii Tenant's Rights) (apartment, lease, tenant rights)

[annabellepdx]

Hi everyone. Recently moved to Hawaii and almost everything that could go wrong has gone wrong. But my question involves today's newest slice of hell:

One week after we moved in, I came home to find 2 men peering into my new apartment windows! The landlord's realtor who arranged the rental was in the back yard, and informed me that our new place was going into short sale, but not to worry, "these things take months." Then she and the guys loitered around until I caved and let them inside, though in showing up without notice what she did was not only unfair but illegal.

So what rights do we have here? Any landlords or Hawaii landlord-tenant law experts on City Data? We have a 6 month lease, two pets and job situations suited to the home's location, not to mention a hundred other problems going on right now associated with the move. The Hawaii landlord tenant handbook does not address whether she was required to disclose this before we rented, nor if we are legally allowed to be evicted when and if the house is sold to the bank. She seems to think we are - she assured me that she'd "help find us a new place to live."

Furthermore, could we just up and leave now that we've been notified verbally of the short sale? Or are we at their mercy, basically playing the odds that our lease will end before the place sells to the bank?

I'm going to contact the office of consumer protection, but frankly I just want to crawl into a hole and hide. This move has been the worst decision of my life, and this is just the icing on the cake.

Thanks for any advice, guys.

[Vicious]

Originally Posted by annabellepdx

This move has been the worst decision of my life, and this is just the icing on the cake.

Thanks for any advice, guys.

What all has gone wrong? I'm moving there soon, so I would like some helpful advice...things to avoid, etc.

-V

[AlohaHuey]

If the house is being sold, you probably cannot enforce the terms of your lease. It's the same situation on the mainland...a house is repossessed because the landlord didn't keep up the payments, and the tenants end up stuck.

[Koale]

Annabelle, relax just a bit, let me explain... we are now in the same boat as you, unannounced short-sale, public auction of unit. We have pets and had a year lease. It does, in fact, take months. Then, when and if the place gets sold to a buyer or goes back to the bank you are, by law, required to be given 45 days notice if required to move. Best case scenario is that the place will go back to the bank, in which case, you will probably have many many months of living rent-free while they decide what's going on and you may be able to renegotiate a lower monthly rental. There is a hotline you can call w/legal resources. As far as Realtors/viewing goes, you, as the tenant need to email the landlord and advise of 48 hour notice or you will not allow entrance and stick to your guns. I hope you have put all this shxx in writing to your landlord. Don't let them bully you, your family comes first. I would think a commute wouldn't hurt your frame of mind. This all means your next move will be happening just a bit sooner than anticipated. We've been living rent free for 3 months already w/no correspondence from anyone. But get your plans in order. Your Landlord was, in fact, required to inform you of any pending sale of the property. It is now the first question we ask 'Is this property on the market?' then a follow-up email confirming landlords response.
Hope this helps a bit. Anymore questions, please ask!
Koale

[backandforth83]

I agree with Koale for the most part, except I can totally relate to your not wanting to deal with the nightmare of moving again, especially so soon, and probably you have new jobs and a million other things to cope with right now.

If this was just a regular sale, you might have had a clause in your lease indicating that it doesn't expire just because the property is sold. I don't know if that applies with short sales (I'm guessing not), and anyway it's too late. It all sounds kind of planned.

The important thing now is, yes, stick to your guns. Dig deep and find the horrible tenant in you and let her shine. Refuse entries and loitering around the house. Don't hesitate to call the police if someone is on your property uninvited and unannounced to report the trespass. Try to be nice, and they will just assume you're soft and take advantage of that.

Eventually, you will probably be asked to leave, so unless you want to buy the house (worth thinking about, if it's that ideal), get ready for that.

[Lacerta]

It sounds to me like you are at least partly confusing short sale and foreclosure. You referred to a short sale, but then said "if the home is sold to the bank", which doesn't happen in a short sale.

Short sale means that the house sells, just like normal, except that the bank agrees to take less than is owed. The person buying might be an investor, in which case, your lease should remain valid and you stay, or it could be a homeowner, in which case, in most cases, they can give you notice to move. 45 days is not a number I've heard, usually its either 30 days or 90 days, depending on the location and the situation.

Foreclosure means the house is going back to the bank. In that case, you would be protected under the "Protecting Tenants at Foreclosure Act of 2009" Google that to find out your rights if the house is foreclosed on.

Sounds like the house is not actually in foreclosure yet (they will post a notice on the front door, so you should know it is coming) and that process takes a minimum of 4 months, if not longer.

As for short sales, they also can take many months. It is very likely your lease will be up before either comes to pass, in which case, you can just choose to not renew the lease, and move out. In the meantime, if you don't pay rent, which some will advise, you do run the risk of being evicted and having a judgement placed against you, ruining your credit. You are still legally obligated to pay rent.

In most cases, 24 hours notice (some states require it in writing) is required for showings. I would contact the listing agent and make sure they know that it is important to you that that be enforced, and that having people just show up unexpectedly was not only unacceptable, it made you very uncomfortable.

[Koale]

Yes, legally obligated to pay rent if you know who to pay the rent to and how much your rent is. In our case inquiring emails and phone calls have gone unanswered from the bank, previous owner and the Attorney for the foreclosue. Yeah?
Koae

[Lacerta]

Originally Posted by Koale

Yes, legally obligated to pay rent if you know who to pay the rent to and how much your rent is. In our case inquiring emails and phone calls have gone unanswered from the bank, previous owner and the Attorney for the foreclosue. Yeah?
Koae

I did say "in the meantime"... as in, until the property changes owners. If the house is in the process of a short sale, or in the process of a foreclosure, you keep paying rent to whoever your lease says you pay rent to.

If the property changes owners, the new owners are obligated to notify you of who they are, and where rent is to be paid. If the property has been foreclosed on and you can't get an answer, I would suggest saving the money you would have paid, documenting all attempts to contact various parties, and just go on with life, knowing that you are in some sort of limbo. If you are in a longer term lease and you would like to stay through that lease, as long as the property doesn't sell to someone who wants to occupy, the bank should honor the lease, but probably will require you to bring the rent current at some point to do that, so don't spend that money.

[tyvin]

Don't get caught up with the drama.

The owner nor the realtor does not a have legal right to come on the property without 2 day notice unless otherwise mentioned in the lease (or in your case; cannot just knock on the door without your permission).

They cannot force you into another lease but must honor the current one.

Refer to your lease for any other tenant rights included or excluded by agreement. Landlord tenant laws in Hawaii are "fully" enforced.

If it says 6 months; it's 6 months whether it's a short sale or they decide not to renew the lease. Legally they do not have to be accountable for the reason a lease will not be renewed (or previous concerns). Chances are the realtor knew about the short sale. Having to let you know is more of an ethical question and would be left up to the discretion of the court if this goes to court.

You cannot be forced out on a 6 month lease. They would have to go to court etc... by that time the 6 months is up your lease is up.

Call the police if someone is peering into the windows.

Apt.? Is it a Condo?
Until they break the lease there is no legal recourse.

You have got time to look for another place. Now you are "aware" and should act accordingly.

Take pictures/ be aware of your deposit and know the law concerning the return.

I can read how disappointed you are and how disingenuous you believe the renters are. You have all my compassion, but in a case like this concentrate on the facts. With your next lease, ask more questions.

Online go to the Dept of Commerce and Consumer Affairs and view the handbook to landlord/tenant laws.

[annabellepdx]

Thank you all for your support and input. I am less worried today as a result of all your encouragement. Also, the guy at the Office of Consumer Protection directed me to a little bit of legislation which Lacerta mentioned above: The Protecting Tenants at Foreclosure Act of 2009. The advisor I spoke with seems to think this applies to short sales as well as foreclosures.