Help Please...abt Rental Deposits! - Hawaii (HI) - Page 2 - City-Data Forum

KonaKat · 09-09-2011, 10:11 PM

The procedure I mentioned was in the paragraph referring to the SMALL CLAIMS procedure. I said nothing about procedure regarding your lease other than that I think it's a bad idea to rent anything sight unseen.

If she had a "hawaii realty" lease, I just wonder how she obtained it, because we pay some pretty big bucks in professional dues which give us access as licensed realtors to this forms database (called zipforms) which is connected to our MLS membership.

Quote:

Originally Posted by jaicam12

To KonaKat: I don't know what info your taking about and about the procedures. We spoke to this individual for over a month before we signed the lease in August. Before we signed, she emailed us all the pics of the house and we checked with records and other sources to make sure it wasn't a scam. Again what procedures would have had to be followed and especially if it wouldn't lead to us getting our deposit back. And no it was not signed by a realtor as she is not a realtor.

To Koale: We did provide documentation stating that we were coming and I did this yesterday when she mentioned. she asked for it and said if we send it then she'll give us half of our deposit back. I made a booking in Aug. What started it was that on the 7th she mentioned prorating the rent and we questioned it and ask for clarification. As the day went own she kept going back and forth on her word. Regardless I don't believe it should be kept and I am going to take action when I arrive on the island very soon. We have no reason to give anyone no doubt in renting to us espically when where coming from quite a distance with kids and paying alot of airfare for 6 people in total.

tyvin · 09-09-2011, 11:49 PM

To answer your question when you get here go to small claims and file. You will have to have her served or I also believe that you can do that via certified mail ... find out at the local court house. They give you a date to appear. Keep all correspondence and keep a journal of everything. You will have to find out at the court house if they county requires you to go through mediation first to try to resolve the matter or if that's voluntary.

Good luck to you

WindRide · 09-10-2011, 03:42 PM

From the Landlord-Tenant Code:

Security Deposit Disputes - Section 44(h)(1)(2)(3) & (4). Legal action involving security deposit disputes may be undertaken by either party only in small claims court. In this type of small claims court action, lawyers are not allowed to represent either party. Where the court determines that the landlord:

A. Wrongfully and willfully retained all or part of the security deposit, it may award the tenant damages equal to three times the security deposit plus the cost of the suit.

B. Wrongfully retained all or part of the security deposit, it shall award the tenant damages equal to the portion of the security deposit wrongfully retained plus the cost of the suit.

C. Retained the security deposit lawfully, it shall award the landlord damages equal to the portion of the security deposit in dispute plus the cost of the suit.

Jeepers Creepers · 09-19-2011, 01:21 PM

I can say I think this is more widespread than people would believe. look at Zillow dot and see how many are there to lease. I am in the mainland and have emailed back & forth etc a while. The "owner" is vague, never answers directly a specific question and is way less than other lease. "Said-we want to be reasonable and have a good person take care of our place". Uh huh. I have a gut feeling it is a lie and had a similar experience already before that one.

Long story for here BUT do NOT trust ANY emails, etc !!! GO and SEE long before moving or anything else. photos may be faked, and locations scammed. It is a risky thing doing business this method - GO and LOOK !!

Jackrabbit808 · 09-19-2011, 04:48 PM

1. I would start looking for another rental property now.
2. It seems like you are leaving out some of the story. What led the homeowner to believe you weren't coming to the Big Island?
3. If the lease is signed by both parties and doesn't mention anything about you losing your deposit as described above then yes you may win in a small claims court. For now, it looks like you will have to burden that cost until you win in court.

jaicam12 · 10-28-2011, 01:42 PM

Quote:

Originally Posted by Jackrabbit808

1. I would start looking for another rental property now.
2. It seems like you are leaving out some of the story. What led the homeowner to believe you weren't coming to the Big Island?
3. If the lease is signed by both parties and doesn't mention anything about you losing your deposit as described above then yes you may win in a small claims court. For now, it looks like you will have to burden that cost until you win in court.

I did move to the island. I am here. Been here for awhile now and did file a claim with the courts. Not leaving out any of the story. What led to her not believing we were coming was simply that we were on the mainland and she wanted us to come sooner than later but knew we were schedule to come on a particular date. Told us 2 days prior that she didn't want to rent and relisted her home for rent. We did find another home to rent and did moved into that home once we arrived. I sent landlord correspondence my certified mail and before that by email still stating our intent to rent her home since she had the deposit. No response. So the weekend after we arrived we filed. Also I did email her proof of our airline reservations with Delta and she said she would give us 1/2 of deposit back if we did that and again...nothing. Found out through record search that home/land does not belong to her but to a relative. So I even wonder if the lease is a valid contract since the owner did not sign.

tickyul · 10-28-2011, 03:42 PM

Quote:

Originally Posted by jaicam12

I did move to the island. I am here. Been here for awhile now and did file a claim with the courts. Not leaving out any of the story. What led to her not believing we were coming was simply that we were on the mainland and she wanted us to come sooner than later but knew we were schedule to come on a particular date. Told us 2 days prior that she didn't want to rent and relisted her home for rent. We did find another home to rent and did moved into that home once we arrived. I sent landlord correspondence my certified mail and before that by email still stating our intent to rent her home since she had the deposit. No response. So the weekend after we arrived we filed. Also I did email her proof of our airline reservations with Delta and she said she would give us 1/2 of deposit back if we did that and again...nothing. Found out through record search that home/land does not belong to her but to a relative. So I even wonder if the lease is a valid contract since the owner did not sign.

No..........I believe you 100%, so many ripoffs/flakes in the real-estate rental business.

I cannot tell you have many times I have been lied to by mangers/landlords.......etc, etc........you name it.

Gee, I love having to beg/badged a former manager to get SOME of my deposit back...........or the lies they tell you BEFORE you sign that year lease....."Oh yeah, we kick screaming drunks out ASAP"

I am at the point where I WILL NOT sign a lease, month to month is the way to go for me.

tyvin · 10-30-2011, 09:50 PM

Quote:

Originally Posted by jaicam12

I did move to the island. I am here. Been here for awhile now and did file a claim with the courts. Not leaving out any of the story. What led to her not believing we were coming was simply that we were on the mainland and she wanted us to come sooner than later but knew we were schedule to come on a particular date. Told us 2 days prior that she didn't want to rent and relisted her home for rent. We did find another home to rent and did moved into that home once we arrived. I sent landlord correspondence my certified mail and before that by email still stating our intent to rent her home since she had the deposit. No response. So the weekend after we arrived we filed. Also I did email her proof of our airline reservations with Delta and she said she would give us 1/2 of deposit back if we did that and again...nothing. Found out through record search that home/land does not belong to her but to a relative. So I even wonder if the lease is a valid contract since the owner did not sign.

Doesn't matter ... sue her for fraud related to the matter and the money surrounding the circumstances. Take all the evidence in when you go to court (did you have her served?) has a court date been set? Don't except half, you in fact can sue for double if not triple. If fraud has been commited perhaps you need to call the police and see if you need to make police report that can accompany you to court as well with all your other evidence. Hopefully she emailed or texted the offer of half or you kept a record of the interaction. Go get em!