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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12934
Experience:  B.A.; M.B.A.; J.D.
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how do i write a letter to vacate due to unsafe living con

Customer Question

how do i write a letter to vacate due to unsafe living conditions
Submitted: 5 years ago.
Category: Legal
Expert:  JG replied 5 years ago.
Under the Handbook for the Hawaii Residential Landlord-Tenant Code Section 63 (Termination at Any Time). "If a condition exists within the premises that is not due to the tenant's neglect and that substantially deprives the tenant of enjoyment of the dwelling under the rental agreement, the tenant may notify the landlord in writing of the situation and terminate the rental agreement if the condition is not remedied within one week. No notice needs to be given if the condition poses an imminent threat to health or safety. If the condition was caused by landlord's negligence or done willfully, the tenant may recover any damages caused by the condition."

By allowing these activities to go on Section 63 may allow you to terminate your lease but there is still a question of whether you will have to provide notice to the landlord.

You should consult a local attorney who is familiar with Hawaii land-lord and tenant law. They will be able to tell you whether the behavior you described exhibited by the landlord's son rises to a level of "imminent threat to safety" under Hawaii law.

Most likely you will have to provide the landlord with notice and give her a chance to remedy the situation, if the situation is not remedied within 1 week you may then be able to terminate the lease under the provisions of Section 63.

I hope this information was helpful to you.

If my answer was satisfactory please accept the answer so I can receive credit for my response. Thank you.

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Expert:  Phillips Esq. replied 5 years ago.

Your Name and Address:

Landlord's Name and Address:

Date:

Re: Termination of Lease Due to Unsafe Living Conditions

Dear Landlord (Landlord's Name):

This notice shall serve as a follow-up to my verbal notice to you on (insert date) of my intention to vacate the leased/rented premises due to unsafe living conditions.

I wish to terminate my lease effective (put the date you want to move out) due to unsafe living conditions. Your son who has drugs and alcohol problem stole from me on (insert date). When I brought this to your attention you apologized to me and indicated that your son would be "going away for a long time" and basically that this would not happen again. Unfortunately, your son is back at home three weeks later after a stint at a rehab and I have smelled pot coming from his living room. I am very scared that he is doing drugs again and that he would steal from me again. I believe that I am no longer safe living here because of your son and for that I need to move out from here to a safe place immediately.

I will return my apartment keys to you on (insert date).

Kindly send my security deposit to (put your address, preferably a Post Office box):

Thank you very much for your anticipated cooperation.

Very truly yours,


Customer: replied 5 years ago.

I received a letter entitled: Abandonment of property prior to expiration of lease agreement. The letter states - Oral notice given May 8th, 2009 leaving premises June 1, 2009. NO written notice was given. When you moved into my rental I waived the security deposit. 1) Pay for internet cable access your share owed, 5 months $125. 2) Were not going to use laundry, you shall pay your share of electricity (above normal billing amount for household) $200 owed for 5 months. 3) Your share of water for 5 months $100, $25 per month. Finish work off set deposit NEVER DONE. To be paid on June 1st $425. Default on lease $400. Total before inspection for damages due: $825. If this amount is not paid in full before you abandon the premises I will sure you for the full amountof rent due on the lease agreement signed by you in good faith. No 30 day written notice was given by you. On your word you said you would give me plenty of time to find a new tenant. Took you at your word. Your word lacks merit and need to be checked. Believe me I will sue you for the lease. And if you do not pay the $825 I will sue you in small claims court. Remove all the wood you brought and the teak chair. Take down your fans that you put up on the porch without my permission. Landlord.

 

On my contract, there is no mention of paying additional fees for usage of #1 #2 or #3 as mentioned above. As for the wood that I had brought onto the property, it is supplies that I was able to obtain at no cost helping to finish the room in which I am renting. Should i address this situation when I type my letter?

Expert:  Phillips Esq. replied 5 years ago.

Yes, address all the issues brought up by the Landlord. Let him sue you if he wants to. It is not safe for you to live near someone who has substance abuse problem and who has stolen from you. He broke his word to you first when he said that his son would be gone for a long time. Ignore his rantings and do what is in your best interests. Do not let him intimidate you into staying some where your physical safety is a risk.

Let me know if I can be of further assistance.

PS: I have been offline for most of today due to computer problems. I do not apologize for keeping you waiting.

Best wishes,

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12934
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Mahalo XXXXX XXXXX!

 

Expert:  Phillips Esq. replied 5 years ago.
You are quite welcome.


I wish you the best,

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