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If tenat dont sign rental agreement an also dont pay rent…

Customer Question
If tenat dont sign...

If tenat dont sign rental agreement an also dont pay rent what can a landlord do

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Hawaii

Lawyer's Assistant: Has anything been filed or reported?

No i just started my rental agreement this year

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes ,there is an abanden vehicle parking on my side of a pubic road next to my home it has been there for almost a year can i have it tow

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 4 minutes by:
1/9/2018
Lawyer: barristerinky, Attorney replied 6 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,596
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If a tenant doesn't sign a written fixed term lease, then they are legally just a month to month tenant. If they aren't paying rent, then the landlord can give them a written 5 day notice to pay or vacate and then file a formal eviction case in court if they don't pay or move.

.

Then a hearing date would be set where the landlord and tenant would appear and tell their story. If tenant can't prove that they paid the rent, the landlord will get a judgment.

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Once you have had a hearing and gotten a judgment for eviction, the judge will issue a Writ of Possession and a Judgment for Possession.
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Once the Writ is issued, you would need to contact the sheriff to serve the Writ and Judgment on the tenant.
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After serving the paperwork on the tenant, the sheriff will typically give the tenant 24 hours to move voluntarily. After that time, the sheriff has the power to physically remove the tenant from the property. If the tenant is forcibly evicted and leaves personal property in the dwelling, the landlord can then remove the property from the unit and place it into storage.
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The tenant can then reclaim their property by paying the costs of moving and storage of the property. If the tenant doesn't reclaim their property within 15 days after notification by the landlord, the landlord can then sell or dispose of them and apply any proceeds toward any delinquent rent or fees that are due. At least 15 days after the notice is mailed, the landlord may (1) sell the property after advertising the sale for at least three consecutive days in a daily paper of general circulation in the area where the premises is located or (2) donate the property to a charitable organization.
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If there are items left without any value, as determined by the landlord's discretion he can dispose of that property without storing it. That would include having the car towed.

.

.

thanks

Barrister

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Customer reply replied 6 months ago
OK THE VEHICLE BELONGS TO ANOTHER PERSON THAT DONT LIVE IN MY RENTED HOUSE
Lawyer: barristerinky, Attorney replied 6 months ago

Then call the local police or sheriff and report an abandoned vehicle and they should be able to tag it and then tow it ..

Ask Your Own Landlord-Tenant Question
Lawyer: barristerinky, Attorney replied 6 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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