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Old 10-03-2011, 02:57 PM
 
Location: Kihei
5 posts, read 15,007 times
Reputation: 14

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Hi. Hoping someone knows a bit about this. I've looked at some resources, but have not found anything specifically addressing this thus far.

We rent a three bedroom, two bath house, with an attached ohana downstairs. It has two garage doors, with the garage space separated by a wall. One of the garages is for our use, and the other is used by the (mainland residing) landlord to store a car he can use when he's on island.

Here's the problem. The last time he visited, he removed the vehicle from the garage...but then parked it in the driveway, blocking either the tenant in the lanai, or us. We have two vehicles, and different job schedules...and having someone block you in is a major inconvenience. The landlord gave notice that he was to visit again, and we asked through the property manager if he would please not park in the driveway when here (I own a house on the mainland that I currently rent out myself, and I know that it would be a gross abuse to park in the driveway there, when I visit). Furthermore, the landlord lingers on the property for the entire time he visits, using the garage as his "base of operations", citing "garage maintenance" to explain his presence. Very thin, as there's no actual problem with the garage. He shared with me on his last visit, that he doesn't actually secure a hotel room (or any residence) on his visits, and will go somewhere in the evenings and sleep in his car. This means that he essentially "squats" in the garage while here, and it's not set up to be a dwelling...it's just a garage.

He refused our request to not park in our driveway when here, claiming it's "in the lease". There is no provision for continuous access to the driveway, and the original agreement was that "he would remove his car upon arrival, and replace it when ready to leave". He doesn't seem to realize that when you rent out your house, you no longer have residents rights.

Any advice on where to go with this problem?

Thanks, for any help. All else is going quite well for us in Maui.
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Old 10-03-2011, 03:17 PM
 
Location: Kūkiʻo, HI & Manhattan Beach, CA
2,624 posts, read 6,805,190 times
Reputation: 2409
Quote:
Originally Posted by Scooterjohn View Post
Hi. Hoping someone knows a bit about this. I've looked at some resources, but have not found anything specifically addressing this thus far.

We rent a three bedroom, two bath house, with an attached ohana downstairs. It has two garage doors, with the garage space separated by a wall. One of the garages is for our use, and the other is used by the (mainland residing) landlord to store a car he can use when he's on island.

Here's the problem. The last time he visited, he removed the vehicle from the garage...but then parked it in the driveway, blocking either the tenant in the lanai, or us. We have two vehicles, and different job schedules...and having someone block you in is a major inconvenience. The landlord gave notice that he was to visit again, and we asked through the property manager if he would please not park in the driveway when here (I own a house on the mainland that I currently rent out myself, and I know that it would be a gross abuse to park in the driveway there, when I visit). Furthermore, the landlord lingers on the property for the entire time he visits, using the garage as his "base of operations", citing "garage maintenance" to explain his presence. Very thin, as there's no actual problem with the garage. He shared with me on his last visit, that he doesn't actually secure a hotel room (or any residence) on his visits, and will go somewhere in the evenings and sleep in his car. This means that he essentially "squats" in the garage while here, and it's not set up to be a dwelling...it's just a garage.

He refused our request to not park in our driveway when here, claiming it's "in the lease". There is no provision for continuous access to the driveway, and the original agreement was that "he would remove his car upon arrival, and replace it when ready to leave". He doesn't seem to realize that when you rent out your house, you no longer have residents rights.

Any advice on where to go with this problem?

Thanks, for any help. All else is going quite well for us in Maui.
I wonder if you and "ArrBeeNug" have the same landlord?
//www.city-data.com/forum/los-a...iveway-ur.html
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Old 10-03-2011, 03:50 PM
 
Location: Kihei
5 posts, read 15,007 times
Reputation: 14
Last time he was on island, he spent every day on the property. A job that could have been done in a day (two at most) was stretched out for a week or more. The only time he leaves is if he hooks up with a friend for awhile, or to sleep in the evening. I need to consult a lawyer on this.
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Old 10-03-2011, 03:55 PM
 
4,919 posts, read 21,657,514 times
Reputation: 6247
you can try posting on CD's Real estate - renting forum. there are many Landlords and property managers who can provide some advice. there are some HI LL as well on that board (but i think they also post here), but getting several viewpoints can't hurt.

also a owner can not squat on their own property, no such thing. they can occupy or use against a written lease or state landlord tenat laws, but since its their proeprty, they can never be considered squatters or squatting.
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Old 10-03-2011, 04:16 PM
 
Location: Baltimore
104 posts, read 233,589 times
Reputation: 125
Sounds like the landlord is trying to game the tax laws.

Under certain circumstances he is allowed to deduct the cost of the trip to his property if his presence is needed for business purposes. The "garage maintenance" line would tend to support this. For tax purposes, he is probably deducting not only the flight over but also the equivalent of hotel rates for each night he stays.

Sort of scam-y.
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Old 10-03-2011, 04:26 PM
 
22 posts, read 79,753 times
Reputation: 37
Quote:
Originally Posted by InDC View Post
Sounds like the landlord is trying to game the tax laws.

Under certain circumstances he is allowed to deduct the cost of the trip to his property if his presence is needed for business purposes. The "garage maintenance" line would tend to support this. For tax purposes, he is probably deducting not only the flight over but also the equivalent of hotel rates for each night he stays.

Sort of scam-y.
Have you considered having his car towed away?
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Old 10-03-2011, 05:00 PM
 
4,919 posts, read 21,657,514 times
Reputation: 6247
Quote:
Originally Posted by Jeepers Paradise View Post
Have you considered having his car towed away?
Unless the LL gave permission to the tenant, the tenant can't have any car towed off the property. The towing company will need the owner's or authorized agents's consent to tow from private property and what owner is going to consent to having their car towed away?
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Old 10-03-2011, 05:29 PM
 
Location: not sure, but there's a hell of a lot of water around here!
2,682 posts, read 7,107,994 times
Reputation: 3877
I'd inform the landlord, in as diplomatic a way as is possible, that the driveway is part and parcel of the rental agreement. If he continues to infringe upon your 'rights' as the renter by parking on your driveway, then just deduct it from the rent.. you might want to look for another place to rent while you're at it, but, with todays market being what it is, he's probably fortunate to have a tenant.

Aloha and okoledakine
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Old 10-03-2011, 05:36 PM
 
Location: Wildside of Oahu
1,412 posts, read 3,043,978 times
Reputation: 2453
I have no suggestions, but that is just bizarre!
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Old 10-03-2011, 08:43 PM
 
1,046 posts, read 4,696,544 times
Reputation: 578
Default I Agree

Quote:
Originally Posted by Joliefille View Post
I have no suggestions, but that is just bizarre!
And yet, so "Maui!" Somehow.
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