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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Hawaii landlord/tenant relations: One large ‘house-property'

Customer Question

Hawaii landlord/tenant relations:
One large ‘house-property’ with three separate dwellings (most likely an illegal rental). One unit is occupied by single mom with three kids. One unit is currently open and up for rental. Property manager has placed an add on Craig’s list stating “come by to check out the location prior to scheduling an appointment.”
Problem: Several strangers come by the house at all hours of the day and evening to ‘look’ – but they end up walking onto the property and knocking on the front door and/or asking the single-mom tenant to show the property or answer questions -- significantly impacting privacy and general feeling of well-being. When Property Manager is challenged in a professional manner she badgers the tenant and states “if you’re uncomfortable feel free to move out.” Single mom has been a role-model tenant for over three years. $1850 per month rent, utilities included.
Thank you for your time.
Lance
Kailua Hawaii
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question, Lance. Please permit me to assist you with your concerns.
To answer directly, the tenant is entitled to what is known as 'quiet enjoyment' of the premises. She is neither the agent nor employee of the landlord so she has no duty to open the door and answer questions. She is likewise able to legally demand privacy--the landlord is free to show the property but cannot adversely impact the tenant's rights. Here, if this continues the tenant has to write a letter demanding that this ceases or even take the tenant to court over damaging her right to quiet enjoyment. In Hawaii the tenant cannot be retaliated against for doing so, or evicted, as such actions can likewise be challenged in court, and the tenant can demand damages for such action.
Sincerely,
Dimitry, Esq.