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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have returned the deposit to my tenant within the 14 days

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I have returned the deposit to my tenant within the 14 days prescribed by law. There are other damages that have been discovered and I want to know if I can persue the tenant for those charges?
What state are you in?
Customer: replied 5 years ago.
I am in Hawaii
Under Hawaii Statute § 521-51(7), the tenant is obligated to keep the dwelling unit and all facilities, appliances, furniture, and furnishings supplied therein by the landlord in fit condition, reasonable wear and tear excepted. Unless your lease says anything to the contrary, like promising that deductions for any damages shall only be taken out of the security deposit, then you have the right to charge the tenant for the damages you have discovered which exceed reasonable wear and tear.

Under § 521-69(c), The landlord may bring an action or proceeding for waste or for breach of contract for damage suffered by the tenant's wilful or negligent failure to comply with the tenant's obligations under section 521-51.

In short, if there is damage that is not normal wear and tear and your lease doesn't promise otherwise, you can pursue the tenant legally. You have to first send a demand for payment and set a time limit (30 days), and if no payment is forthcoming you can sue for the repairs.
Customer: replied 5 years ago.
Thank you very much. Your reply is very helpful! I am very grateful.
You are very welcome. Please rate my answer so I can receive credit for my work. Good luck.
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