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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 25848
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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We are getting ready to evict a renter for late payment. the

Customer Question

we are getting ready to evict a renter for late payment. the payment for august , due august 5th arrived September 4th. it's probably a stupid question, but would we hurt our chances for eviction if we cash it. they dated the check August 1st.
they paid the first month when they moved in July 1, this was the second month that they were renting from us.
Bob
Submitted: 7 months ago.
Category: Legal
Expert:  LegalKnowledge replied 7 months ago.

Bob, good morning. Did you provide them any notice to cure, for the unpaid rent and if so, was it for August? Did they pay the September rent?

Customer: replied 7 months ago.
the August rent was paid very late, the letter was postmarked August 22nd, we have not rceived September's rent.
we did not provide a notice. i will send one today.
Bob
Expert:  LegalKnowledge replied 7 months ago.
Bob, thank you for the reply. If rent for August was paid and you cashed the check then they would have cured the breach and you could not evict on that basis. However if September rent was not paid, you give notice to cure and they fail to do so you could then proceed after the time to cure passes as long as you do not accept and cash the rent thereafter.
Expert:  LegalKnowledge replied 7 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 7 months ago.
they have not paid september's rent, they also moved another family into the house violating the lease, also they had the police called on them 3 times in August, their first month there for noise ( also a violation of the lease agreement ) ao we want to evict, but don't want to hurt our chances by cashing check. they did not incude late payment charges on their check, so the paymnent is inadequate
Customer: replied 7 months ago.
My delay in answering was because "just answer" was requiring another payment in order for me to respond, ( i already paid $47 with PayPal ) the link on your response, enabled me to connect
thanks
Bob
Expert:  LegalKnowledge replied 7 months ago.
If they paid after the notice to cure expired you do not have to accept the rent and can return it and proceed with the eviction. You do not want to cash and accept it and then try and evict
Customer: replied 7 months ago.
why do i have to send a notice to cure, they didnt pay rent, moved another family in without out approval in violation of the lease, they destroyed a surveillance camera at the end of the property ( the camera recorded the husband striking it before it went off line ), these are bad people, we want them out
Expert:  LegalKnowledge replied 7 months ago.
I certainly understand that but there are laws that govern and control the eviction process. If those are not followed and provided and you simply file they could have a basis to dismiss the eviction which result in additional delay
Customer: replied 7 months ago.
I don't believe it. i will contact an eviction attorney on Maui Tuesday. If you are right, i will acknowledge that.
Bob
Expert:  LegalKnowledge replied 7 months ago.

Bob, I certainly understand and please just let me know

Expert:  LegalKnowledge replied 7 months ago.

Here is also a link to the statutes which state the time period and what must be done for eviction, depending on the basis.

http://law.justia.com/codes/hawaii/2011/division3/title28/chapter521

Expert:  LegalKnowledge replied 7 months ago.

Here is the 5 day time frame as stated by the statute, to support the information I have been sharing with you.

§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]

Expert:  LegalKnowledge replied 7 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 7 months ago.
they also broke a security camera, moved in a second family (against the lease) and have parties every week until 3AM disturbing neighbors (against the lease). what is the cure for that. Do lease contracts hav any validity ,
Expert:  LegalKnowledge replied 7 months ago.

Great to hear back from you, as it has been a few days. Did you ever confirm what I shared with you?

Customer: replied 7 months ago.
what you said was correct in as far as it went, however, violating the terms of the lease has repercussions in itself as well. they were given 5 days to pay the rent, but they were also given a notice of eviction because of criminal vandalism and other violations
Expert:  LegalKnowledge replied 7 months ago.

The cure for the broken camera and any other damages is to sue for the cost of replacement. You can not seek monetary damages for them moving in another family or having parties, since the remedy and cure for that is eviction. As such, you can 1) evict and 2) sue for damages, at the same time. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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