Giving 28-day notice for vacating rental.

[jkamaui]

Tenant gave ME 28 days notice on Maui. Suppose they do not move out on said date?
Can I call the police to have them leave? How can I get them out???
legally

[whtviper1]

Originally Posted by jkamaui

Tenant gave ME 28 days notice on Maui. Suppose they do not move out on said date?
Can I call the police to have them leave? How can I get them out???
legally

No. You take them to court.

[tyvin]

I have taken 2 landlords to court and won. You are right; 28 day notice for month to month with no lease for the tenant. It would've been nice of you to let them know, but not legally necessary. Since you are moving off island, it would be to your benefit to make peace with them. You have one year post event to sue in small claims, but it is "you" that must sue. I have investigated trying to get a proxy to sue for other friends, but the law doesn't say anything about that. If you read carefully, the statutes do say it doesn't have to be according to the date you pay rent or moved in to give notice to move.

To add to your woes the landlord has 14 days post vacate to return your deposit, or give you a list/reason why some or all is being withheld. Giving notice to vacate is not a reason. Short of coming back to go to court within one year, it sounds like you have no solution.

You (in the future), need to have better communication with your landlord. They are people and need time to re-rent the place. You could have negotiated to use your deposit for the last month's rent (anyone who says you can't do that doesn't know the law) or you could have informed them you were at least thinking/investigating a move.

As long as you gave them the written notice you are legal. You can not tell them, email them, text, etc... You needed to write it out on paper and hand it to them in person. Emails, texts, are legal in court, but not for giving notice to vacate. Also, you can't sue them until they withhold your deposit 14 days after you have vacated the premises.

Communication is key...are you moving off island. sorry if that was a presumption.

[tyvin]

You are not moving off island...so you're ok as long as you negotiate a walk thru with the landlord before the date you move out. If they don't show up take pics of the whole thing (I'm know you took pics when moving in). Make sure they get the keys back. As I said, you have a year to sue in small claims (no lawyers allowed in small claims to represent anyone). In Hawaii you can sue for 3 times the deposit if they keep it from you without cause. Don't burn bridges...you never know when you might need their help plus, they will be a future rental reference for you.

Keep a journal of all events, and write it all down as soon as possible. Normal wear and tear is just that. No need paint; that's the landlord's job. If you do leave with things unsettled keep an eye out to see when the unit is rented again. I had one landlord try to get 6 months of rent out of me. I knew he had rented the place a week after I left and had the proof with me. They must mitigate their circumstances; they just can't sit on the ***** and try to take money from you. Good luck to you.