HawaiiStories: Hawaii Landlords

April 12, 2004

Hawaii Landlords

I want your opinion. If a term on a lease is up and the tenant vacates a unit, can that tenant lawfully be charged rent for the "lag" days between her tenancy and the tenancy that follows? I have a friend whose landlord charged 16 days of rent for the transition time between her and the next renter. The landlord took the 16 days rent out of the security deposit, saying that the unit was not immediately ready for the next tenant and that my friend had to pay for the lag time.

Is that a legal contract? I tend to think not, since security deposits are supposed to be used for repairs or cleaning, not arbritrary amounts of time. Also, are there effective places to report landlord experiences? I pity the person who's renting after my friend.

Posted by Ruth at April 12, 2004 03:19 PM

Comments

Posted by Grant on April 12, 2004 4:00 PM:

I would hope that person is not responsible if his/her lease ended, and he/she provided the landlord the appropriate 30-day notice. I'm not a layer, so I can only provide my opinion here.

Sounds like something for HawaiiAnswers.com

Posted by Ryan on April 12, 2004 4:22 PM:

Hmm. The fact that it's being charged against a security deposit is definitely fishy.

I mean, if your friend retained control over the unit even after her vacate date (that is, held the key to take care of a few last details, even though she was no longer living there), there's definitely reason to prorate rent for that month for the time the unit wasn't habitable. But if your friend is just being penalized 'cause the landlord couldn't find a new tenant fast enough, that's definitely a problem.

Your question immediately reminded me of Ptosis' plight, which is exhaustively detailed on the web. I hope your friend's rental nightmare doesn't get quite that bad!

And thanks for the HawaiiAnswers.com plug, Grant. So far, it's an answer site in search of questions, and this might be a good one indeed.

Posted by ruth on April 12, 2004 6:00 PM:

Some notes:

My friend gave proper notice and paid in full till the end of the lease.
Even after intensive cleaning on my friend's part, the landlord found the unit "unacceptable."
The landlord claimed rights to the entire security deposit.
The landlord did not provided proper documentation with 14 days of the lease's end.
My friend was charged for 16 extra days during which she was not in the unit.
Upon legal threat from my friend, the landlord provided documentation for carpet and house cleaning. The house cleaning one was a sketchy note from signed by someone who said she was paid $200 for services.

Anyway, I'll go ahead and post in HawaiiAnswers.com. Dishonest landlords are pretty common. I sued a former landlord and won. In addition, I reported him to the City for building code violations, and the City told him he could not use the place as a rental unit again.

Posted by Ryan on April 12, 2004 7:13 PM:

Sounds like you're the nearest thing to an expert on this that we've got here! I was about to post a link to the Hawaii Residential Landlord-Tenant Code, but that's clearly what you're working from.

A landlord can hold a deposit in lieu of unpaid rent, and this is probably where that 16 days is coming from (half a month, or half the deposit). And there is documentation, sketchy as it is. But, as the landlord missed the notification/documentation deadlines, and given the other suspicious elements here, your friend probably has a good case for a small-claims case.

You're right that dishonest landlords are pretty common, especially in places like Hawaii where it's a seller's market. I've heard more than a few horror stories. I only hope to never have one of my own. (Nearly nine years with our current property management company... knock on wood.)

Posted by Susan on April 12, 2004 9:18 PM:

No. This is forbidden by law. Your friend should take this to court. See section 521-44, Hawaii Revised Statutes (available at any public library - make sure you check both the hard-bound blue volume and the white paperback 2003 Supplement).

Posted by Linkmeister on April 12, 2004 10:17 PM:

Well, gee, Ryan! Where's your sense of promotion? First I've heard of Hawaii Answers OR Hawaii Threads was right here! ;)

Posted by Ruth on April 12, 2004 11:29 PM:

Hey, Susan - Thanks! I feel armed, now. I'll let you know what happens.

Posted by Ryan on April 13, 2004 8:16 AM:

Ruth, a Susan - I think, perhaps, a different Susan! - also pulled together a response at HawaiiAnswers.com. The full text of HRS 521-44 was included. Good luck!

Where's your sense of promotion? First I've heard of Hawaii Answers OR Hawaii Threads was right here!

Hey! Who mentioned HawaiiThreads.com? Just kidding.

Seriously, both sites were "launched" earlier than planned, and it wasn't like HawaiiStories was overflowing with activity that needed to be directed elsewhere, you know? Let's just say they're in "soft launch" mode. But yes, HawaiiStories suddenly has a pair of younger sisters!

Um. I guess this could eventually be a separate post.

Posted by ruth on April 13, 2004 9:15 AM:

Rock 'n' Roll! Well-articulated response. Very helpful! The Hawaii Answers team rules.

Posted by Annie on April 13, 2004 11:02 AM:

Thank you Ruth and Susan for all the information. The thing is that I signed a rental agreement that says:
12.(b) (2) You must leave the Unit clean and neat. We will charge you additional rent for the number of days it takes us to clean and fix up the Unit if you do not do your part. REMEMBER: It is your duty to have the Unit in clean and proper condition ON THE DAY YOU MOVE OUT, NOT ON ANY LATER DAY.

She did not have any proof or anything that it took 16 days to clean the unit. But I just have a receipt of the carpet cleaning dated on March 18th and written receipt of cleaning of the apartment on March 16. I vacated the unit on March 2nd and I was charged for rent for March 1-19th plus all the cleaning fee of $200, and the carpet cleaning fee of $78.00, which was my entire security deposit of $700.

So... I was afraid to take action on this matter because of I signed the rental agreement. Any ideas what I should do?

Posted by ruth on April 13, 2004 11:41 AM:

The fact that you signed an agreement puts you in a weaker position. However, I still think the case leans in your favor.

(1) Documentation. She did not have proper documentation proving that 16 days were required to put the unit back together. Sixteen days is a lot of arbritrary time to be accounted for (or *unaccounted* for). No proof, no compensation.

(2) Improper Use of Security Deposit. The information has already presented here about how the contract it fundamentally flawed.

It's your choice on whether to fight this battle. It was pure release for me to see justice served when my landlord lost the court case AND his ability to rent out his unit again.

Posted by ruth on April 13, 2004 12:08 PM:

I think that ill-conceived contract is part of landlord's strategy for cheating tenants out of their security deposit each time their leases end.

Her cheating ways have to come to an end.

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