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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35282
Experience:  Attorney over 16 years, landlord 26 years
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Aloha, I'm just wondering as a landlord is it legally for me

Customer Question

Aloha,
I'm just wondering as a landlord is it legally for me to serve my tenant, who is not on a written lease, a 3-0 day eviction notice?
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  FamilyAttorney replied 4 months ago.

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?

Expert:  FamilyAttorney replied 4 months ago.

I'm presuming it's Hawaii but it doesn't have to be, even with the Aloha. That being said, I'm opting out.

Expert:  RobertJDFL replied 4 months ago.

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?

Expert:  barristerinky replied 4 months ago.

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.

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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.

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thanks

Barrister

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