Retaliatory eviction

[Bng808]

Hawaii

Our landlord is under investigation for multiple code violations in our building that my wife reported to our county code enforcement. Our landlord has now filed for an eviction in court against my wife only although we are both on the lease. It seems highly retaliatory and against state statute. What would be our recourse?

 

[Ohiogal]

Hawaii

Our landlord is under investigation for multiple code violations in our building that my wife reported to our county code enforcement. Our landlord has now filed for an eviction in court against my wife only although we are both on the lease. It seems highly retaliatory and against state statute. What would be our recourse?

More information is necessary. What were the code violations? When were they reported? Has the rent been paid? When was eviction filed? Please be as specific as possible. If you can't, then see an attorney.

 

[Bng808]

More information is necessary. What were the code violations? When were they reported? Has the rent been paid? When was eviction filed? Please be as specific as possible. If you can't, then see an attorney.

What were the code violations?
Unpermitted plumbing, shower does not work. Non vented gas dryer, unpermitted rewiring of the entire building. No updated fire prevention system. Unpermitted gas line installation. Unpermitted altercation of the structure.

When were they reported?
November 2020

Has the rent been paid?
Yes

When was eviction filed?
September 8, during the moratorium, but not served until 10/15, yesterday.

 

[LdiJ]

What were the code violations?
Unpermitted plumbing, shower does not work. Non vented gas dryer, unpermitted rewiring of the entire building. No updated fire prevention system. Unpermitted gas line installation. Unpermitted altercation of the structure.

When were they reported?
November 2020

Has the rent been paid?
Yes

When was eviction filed?
September 8, during the moratorium, but not served until 10/15, yesterday.

Has anything at all happened (after the reporting) that would give the landlord grounds to evict your wife? Are you still under your lease or are you month to month? Has he given you notice to move out because the lease ended or you are month to month and you disregarded that notice?

If he has nothing valid at all, and the eviction is clearly retaliatory (and I don't see how it isn't since he is only trying to evict your wife) then unless code enforcement has told him that no one can live there due to the violations and he is trying to evict everybody, then you should report it to the code violations people and be prepared to defend the eviction in court on the basis that it is retaliatory.

 

[Bng808]

Has anything at all happened (after the reporting) that would give the landlord grounds to evict your wife? Are you still under your lease or are you month to month? Has he given you notice to move out because the lease ended or you are month to month and you disregarded that notice?

If he has nothing valid at all, and the eviction is clearly retaliatory (and I don't see how it isn't since he is only trying to evict your wife) then unless code enforcement has told him that no one can live there due to the violations and he is trying to evict everybody, then you should report it to the code violations people and be prepared to defend the eviction in court on the basis that it is retaliatory.

Has anything at all happened (after the reporting) that would give the landlord grounds to evict your wife? Are you still under your lease or are you month to month? Has he given you notice to move out because the lease ended or you are month to month and you disregarded that notice?

If he has nothing valid at all, and the eviction is clearly retaliatory (and I don't see how it isn't since he is only trying to evict your wife) then unless code enforcement has told him that no one can live there due to the violations and he is trying to evict everybody, then you should report it to the code violations people and be prepared to defend the eviction in court on the basis that it is retaliatory.

There was no notice given prior most likely due to him being under criminal investigation by the police department for three counts of violating a restraining order she has on him as well as stalking.

 

[adjusterjack]

Check out the Hawaii court website with current information about evictions.

Judiciary | Landlord-Tenant Eviction Information: Third Circuit (Hawaii County) (state.hi.us)

Study carefully as you probably have good cause to get the eviction dismissed.

 

[LdiJ]

There was no notice given prior most likely due to him being under criminal investigation by the police department for three counts of violating a restraining order she has on him as well as stalking.

Ok, the restraining order could be a problem. He has to be able to manage his building, and if your wife has a restraining order against him that could make it difficult to impossible for him to manage his building. He might very well prevail on that issue. However, since he did not give notice to move out prior to going the eviction route, you would have a defense there...at least for the short term.

I think that you need to be finding somewhere else to live ASAP, but you still want to defend against the eviction so it won't be on her record.

 

[Bng808]

The RO is just for our dwelling only and no contact with her. He's also under investigation by HUD for Habitability violations as well as civil rights violations. I believe my wife was told that there could not be an eviction while the investigation is in process. We are currently awaiting a reply on that question from a HUD representative.

 

[adjusterjack]

We are currently awaiting a reply on that question from a HUD representative.

While you are waiting for a reply from a government bureaucrat you could be missing the deadline for a response to the lawsuit and end up with a default judgment.

Somebody saying that somebody "can't" do something doesn't make it go away.

 

[Bng808]

Reply/court date is on 10/27.

 

[Bng808]

We also have a meeting with the Prosecutor's office tomorrow, 10/18, in regards to the criminal charges.

 

[Bng808]

So my wife had court today and the judge did not dismiss it and set a hearing for November 5. We are still both perplexed as to how only one person can be evicted. How would that work being that we have a one year old and another daughter due in april?

 

[LdiJ]

So my wife had court today and the judge did not dismiss it and set a hearing for November 5. We are still both perplexed as to how only one person can be evicted. How would that work being that we have a one year old and another daughter due in april?

Did she ask the judge to dismiss it and why? Did you explain to the judge what was going on? If attorneys are permitted your wife might want to consider having one.