Ask a landlord-tenant lawyer and get answers ASAP
Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law.
This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.
Also, I’d like to review your question for a minute, type your answer and then I’ll be right back. I promise I haven’t disappeared but am working on your answer.
Can you explain the situation a little -- is someone else on a lease but this person is not? Or, is this just the only tenant in the apartment and he/she is on an oral lease, month-to-month? Is this Hawaii?
I'm presuming it's Hawaii but it doesn't have to be, even with the Aloha. That being said, I'm opting out.
Good evening, new expert here. The previous expert opted out and I have opted in. Eviction laws vary by state. What state is this in?
Hello, yet another new expert here My name is ***** ***** I will do what I can to help..
If you have a tenant but no written fixed term lease, then they are legally a month to month tenant and under HI law, you would have to give them a written 45 days notice to terminate their tenancy. See Haw. Rev. Stat. §§ 521-71.
If they didn't move out within that period, then you would have to file a formal eviction action in court, called a Summary Possession action, to get a judgment and a writ that the sheriff, marshal or constable would execute to force the person to move out.