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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Me and my youngest daughter just bought the mortgage on my

Customer Question

Me and my youngest daughter just bought the mortgage on my oldest daughters huse. She has a tentent that is dealing Herion and a month behind in his rent of a room downstairs. He just informed me he has rights and he is not going to pay back rent or catch up and will not move out until Feburary. As new landlord as of June 1st what is my rights on this matter
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Delta-Lawyer replied 11 months ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience handling issues of this nature.

What state are you guys located in?

Customer: replied 11 months ago.
Hawaii big island
Customer: replied 11 months ago.
I am waiting for your answer
Expert:  Delta-Lawyer replied 11 months ago.

Good deal. Let me check on something and I will be right back.

Customer: replied 11 months ago.
I do not want a phone talk I can't afford a lot of charges I just hope I didn't spend $39.00 for nothing! Please try to help me
Expert:  Delta-Lawyer replied 11 months ago.

Hawaii landlords must give tenants at least five days in which to pay the rent or move. If the tenant does neither, the landlord can file for eviction.

This is the law on the subject:

§521-68 Landlord's remedies for failure by tenant to pay rent. (a) A landlord or the landlord's agent may, any time after rent is due, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than five business days after receipt thereof, the rental agreement will be terminated. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit. If the tenant remains in default, the landlord may thereafter bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession.

(b) A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action. [L 1972, c 132, pt of §1; am L 1978, c 167, §1; gen ch 1985]

If the tenant is not gone for non-payment, or has not paid what is owed, then you can file complaint with the court having jurisdiction over the matter in your town to regain possession. When you win that suit (by showing your proper notice to evict or receive payment), the court will issue a writ of possession which demands that the tenant leave the premises. If he does not leave when he is supposed to, typically 30 days, then you can have law enforcement forcibly remove him at that point.

Let me know if you have any other questions. Please also rate my answer positively (THREE OR MORE Stars) on the ratings bar on your end so I can receive credit for my response from the site.

Best wishes!

Expert:  Delta-Lawyer replied 11 months ago.

Just checking to see if you have any other questions or concerns. I want you to be as comfortable as possible as you move forward here. Thanks!

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