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Category: Real Estate Law
Satisfied Customers: 56226
Experience:  Licensed attorney helping individuals and businesses
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my Hawaii tenant is breaking his lease. he gave me 30 day

Customer Question

my Hawaii tenant is breaking his lease. he gave me 30 day notice that he is leaving may 5th. His April rent is late. It was due the 1st.   what penalty does he receive? how do I proceed? I feel he should pay a penalty for breaking an October 1 lease with automatically renewal every 6 months ( unless notified of cancellation 30 days prior to renewal) Because the lease provides for rent payment to NOT be taken from deposit , his April rent is due. He said he sent it. He will also owe May 1 through 5.
I have already begun to advertise unit and will show it and try to rerent. Shouldn't The cost of this be paid by him since he is breaking the lease.

His lease began October 1, 2009

Please detail what I should do. I am not in Hawaii and do not have a property manager.
Thank you.   
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  INFOLAWYER replied 7 years ago.
What do you want to accomplish?
Customer: replied 7 years ago.
want to be paid by current tenant for the lease as agreed, orpaid a penalty (if I am able to find new renter) to cover costs of rerenting time spent and costs. need to know what is allowable.
he is also currently 11 days delinquent on April rent and I want to collect that.

Need to know how to proceed on all levels with tenant.
Expert:  INFOLAWYER replied 7 years ago.
You should seek to find a new tenant, and then sue the tenant after written demand for the lease term or until you have a new tenant, whichever is less. You could have a lawyer pursue it on contingency fee basis. see
Customer: replied 7 years ago.

This is a partial answer. Please answer whole question. Thank you
Expert:  INFOLAWYER replied 7 years ago.
As for what you can recover, aside from what I mentioned, you can pursue costs, fees, interest to the extent outlined in the lease. If lease is silent, you can seek court costs but not penalties or fees.

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