Giving 28-day notice for vacating rental. (condominium, month-to-month, house)

[surfmonkey17]

I gave my 28-day notice to my landlord telling them that I am moving and gave them a move-out date of 9/20. They are telling me that I must pay for the full month of September and that my notice won't be effective until 9/1 for move-out date of 10/1. Are they right? Must the move-out date be at the beginning of the month?

We have no written lease and the Landlord-Tenant code just says 28 days' notice must be given. It does not specify that the notice must be given at the start of a month. If we are required to stay until 10/1, we won't be able to get the rental we really wanted as we won't be able to afford to pay for both homes for the month of September.

Anyone know if they are right? Must my notice be given at the beginning of a month? I can't find any documentation supporting either side.

Thanks for any advice/help.

[Hawaii Bound]

it is my understanding that the notice has to be 45 days by Hawaii law.

[surfmonkey17]

This is what I find in the Landlord-Tenant Code:

"Month-to-Month Tenancy - Section 71. When the tenancy is month-to-month, either
the landlord or the tenant may terminate the rental agreement, provided proper notice is
given. It is not necessary to give any reason for the termination.
A. Landlords. When it is the landlord who wishes to terminate the tenancy, the
landlord must give the tenant written notice no less than 45 days before the
anticipated termination date. The tenant may vacate the unit at any time within
the last forty-five day period and is responsible for payment of prorated rent for
the period that the premises are occupied and for notifying the landlord of the day
of vacating.
In the following circumstances, a longer notice period is required. A 120-day
written notice is required when the landlord contemplates:
1. Voluntary demolition of the dwelling units.
2. Conversion to a condominium.
3. Conversion to a transient vacation rental.
The tenant may vacate the unit at any time within the 120-day period and is
responsible for payment of prorated rent for the period that the premises are
occupied.
B. Tenants. When it is the tenant who wishes to terminate the tenancy, the tenant
must give the landlord written notice no less than 28 days before the anticipated
termination date. The tenant is responsible for payment of rent through the date
stated in the termination notice, or through the date it is rerented, whichever
comes first."

So the landlord has to give 45 days, but the tenant only has to give 28. What is doesn't say is whether that 28 days needs to start at the beginning of the month as my landlord is claiming.

[KonaKat]

surfmonkey you are correct. 28 days Notice on a MTM or in your case, no lease at all which basically consititutes a MTM agreement, is all you have to give and all you have to pay for is those 28 days. Copy to quotation above and hand it to your LL along with your written notice and payment. Don't forget to figure in GE tax if they have been charging you that on your rent. Was there any deposit?

I'm guessing these are private owners who like the income of a rental without the responsibility of knowing the law as it applies to them. I hear it all the time.

p.s. be sure to leave it SPOTLESSLY clean.

[surfmonkey17]

Thanks! Yes, they are private owners and there was a deposit equal to one month's rent, so we do want to make sure we get that back. That is why I wanted to make sure we were correct as I don't want to give them any reason not to return our deposit. We are going to be sure the house is spotless before we leave as we always do.

Thanks again!

[KonaKat]

You're welcome, and best wishes for whatever is ahead for you! You're not leaving Kona are you?

[Calico Salsa]

Be sure to take photos of the place after you have cleaned it, and invite the landlord to do a walk-through with you. If they refuse, you can show they had the opportunity. Your photos should include things like:

- condition of floors
- condition of windows
- gleaming counters in the kitchen
- nothing left behind in the rooms

Be aware of what the law considers "normal wear & tear" versus deductible damages, and include those in your photos. For example, photos of the kitchen should show that all the drawers are unbroken, that cabinet pulls are in place. Photos of rooms show that windows are unbroken, doorknobs are present, etc.

The time you take to get lots of photos, of larger wide angles and also close ups, will be minimal compared to any time spent arguing later. You can post the photos on a photo sharing site and invite the landlord to see them. Posting them on a site also gives you proof of a date around which they were taken.


[SIZE=3]"Normal wear and tear" means deterioration or depreciation in value by ordinary and reasonable use but does not include items that are missing from the dwelling unit.[/SIZE]

[KonaKat]

And by the way, my favorite hint: Dirt is not "normal wear and tear". LOL

[cynmkolohe]

Here is a link that might help - link is to a PDF version of the handbook: Hawaii's Landlord - Tenant Handbook

More info: Landlord - Tenant Information DCCA website

Or, you could also call the Residential Landlord-Tenant Volunteer Center:

8:00 a.m. - 12 noon
Monday through Friday, except State holidays

586-2634 (from Oahu)

From the neighbor islands (toll free):
974-4000, ext. 62634 (from the Big Island)
274-3141, ext. 62634 (from Kauai)
984-2400, ext. 62634 (from Maui)
1-800-468-4644, ext. 62634 (from Molokai & Lanai)

[surfmonkey17]

Thank you all for your advice. I really appreciate it.

We are moving out of Kona. We love Kona, but not the home prices. We hope to someday buy our own home, but we cannot afford the prices here in Kona for a decent home. We are moving to the Puna area to rent for a while to see how we like it there. Luckily, my fiance and I are self-employed, so it doesn't matter where we live and we feel we could do much better for our dollar on the other side. So we'll see how it goes. If we decide in a year to move back, nothing lost. Least we tried it and we know, and we will just have to figure something else out. In the meantime, we are really looking forward to being able to afford a single-family home with a large yard again. We can't wait for the move!