Tenant wants to move out 4 months after signed 1 year lease (leases, month to) - Oahu - Hawaii (HI) -Includes Honolulu - City-Data Forum

JJAM · 08-09-2016, 04:38 PM

I live in Hawaii. Tenant wants to move out 4 months after signed a year lease. The lease said if the tenant moves out before the lease expires, the tenant is responsible for all rent for rest of the period.

Termination fee is not listed on the lease. can landlord charge the tenant for 2-3months rent as the termination fee?

whtviper1 · 08-09-2016, 07:16 PM

Well - it isn't as simple as the tenant is responsible for all the rent for the rest of the period. Nor can you just charge a termination fee unless you negotiated that with the tenant.

In Hawaii - the landlord must make reasonable efforts to rent the property - and since you are posting on Oahu, a Judge isn't going to let you collect a bunch of rent for an empty unit since the market is so tight. When the tenant said they wanted to break the lease - you have an obligation to start advertising and trying to get a new tenant immediately. The tenant is responsible for the rent for the time for you to find a new tenant - so, if a tenant in July says they want out in September, it is unlikely a court would give you any rent since you should've been able to find a tenant by then. If the new rent is less than what the new tenant is paying - you are entitled from the old tenant the difference for the balance of the original lease term (8 months left on lease, old tenant paying $3,000 new tenant pays $2,700 - you can collect $2,400 from the old tenant)

Read up on Haw. Rev. Stat. § 521-70(d))

ScottStielow · 08-10-2016, 12:51 AM

Is the tenant Military? Did he/she declare that. Sometimes the tenant is waiting for Military Housing. Just asking? Waiting for military housing is kinda hard, the housing office gives little warning time, when a house becomes available? Just saying, or giving out information.

rya96797 · 08-10-2016, 01:19 PM

my .02 is to try to work things out amicably with the tenant. The courts tend to favor tenants over landlords in any case. They can make things a lot more difficult for you as a landlord. Let the tenant know your situation, then ask for 1/2 the security deposit, which is a reasonable compromise amount that'll give you some time to prep/list the unit once he's moved out.

JJAM · 08-10-2016, 03:48 PM

Quote:

Originally Posted by whtviper1

Well - it isn't as simple as the tenant is responsible for all the rent for the rest of the period. Nor can you just charge a termination fee unless you negotiated that with the tenant.

In Hawaii - the landlord must make reasonable efforts to rent the property - and since you are posting on Oahu, a Judge isn't going to let you collect a bunch of rent for an empty unit since the market is so tight. When the tenant said they wanted to break the lease - you have an obligation to start advertising and trying to get a new tenant immediately. The tenant is responsible for the rent for the time for you to find a new tenant - so, if a tenant in July says they want out in September, it is unlikely a court would give you any rent since you should've been able to find a tenant by then. If the new rent is less than what the new tenant is paying - you are entitled from the old tenant the difference for the balance of the original lease term (8 months left on lease, old tenant paying $3,000 new tenant pays $2,700 - you can collect $2,400 from the old tenant)

Read up on Haw. Rev. Stat. § 521-70(d))

forgot to mentioned, didn't receive a written notice from tenant yet and was thinking about asking 2 month rent and termination fee, is this legal? should I ask for a written notice or send him my lease termination agreement. won't be able to show the room for rerenting due to condition of the room. just want to do things legal way...

JJAM · 08-10-2016, 03:52 PM

Quote:

Originally Posted by ScottStielow

Is the tenant Military? Did he/she declare that. Sometimes the tenant is waiting for Military Housing. Just asking? Waiting for military housing is kinda hard, the housing office gives little warning time, when a house becomes available? Just saying, or giving out information.

not military, and tenant texted me but no written notice of breaking the lease yet... I was going to ask my tenant to pay 2 months rent as the termination fee for breaking the lease. won't be able to show the room to the future tenant due the condition of room( seems like tenant never cleans the room)

rya96797 · 08-10-2016, 04:09 PM

^

Is the cleaning going to be an issue? I thought if they don't clean it up to a certain standard, you can hire a professional to clean, and it'll just get deducted out of their security deposit?

2 months seems excessive to me. Also, it's going to be a lot tougher to get a tenant to fork over more than the security deposit he paid in the first place.

JJAM · 08-10-2016, 04:15 PM

Quote:

Originally Posted by rya96797

^

Is the cleaning going to be an issue? I thought if they don't clean it up to a certain standard, you can hire a professional to clean, and it'll just get deducted out of their security deposit?

2 months seems excessive to me. Also, it's going to be a lot tougher to get a tenant to fork over more than the security deposit he paid in the first place.

can I hire someone to clean up the house while the tenant is living there? if I don't ask for termination fee, I have to try to find a tenant to move in right after current tenant moves but the house is so messy won't be able to show anyone..

also, I haven't received that written notice from tenant so I can't advertise it yet. should I ask for a written notice first? or just state on the lease termination agreement? also is Tenant give 30 days notice to landlord or 45 days in Hawaii? do you know?

whtviper1 · 08-10-2016, 06:37 PM

Quote:

Originally Posted by JJAM

forgot to mentioned, didn't receive a written notice from tenant yet and was thinking about asking 2 month rent and termination fee, is this legal?

should I ask for a written notice or send him my lease termination agreement. won't be able to show the room for rerenting due to condition of the room. just want to do things legal way...

You can ask for a 2 month rent/termination fee - but the tenant would have to agree and I don't see why they would.

You should ask for written notice. If he doesn't there isn't much you can do in the meantime. He also could just abandon the property - in which case you have the security deposit and you'd have to hunt him down and take him to court for rent due for the time you don't have a tenant.

Once you have written notice - you can show the property regardless of condition. You'll want to have pictures and if it can't get rented, have documentation of your good faith effort to rent it but couldn't because of condition.

whtviper1 · 08-10-2016, 06:43 PM

Quote:

Originally Posted by JJAM

can I hire someone to clean up the house while the tenant is living there? if I don't ask for termination fee, I have to try to find a tenant to move in right after current tenant moves but the house is so messy won't be able to show anyone..

also, I haven't received that written notice from tenant so I can't advertise it yet. should I ask for a written notice first? or just state on the lease termination agreement? also is Tenant give 30 days notice to landlord or 45 days in Hawaii? do you know?

You can't hire someone to clean the house without the tenants permission.

You need written notice to start advertising the unit if there is several months left on the lease.

The tenant doesn't have to give you any notice except for month to month leases.