• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Rental in Hawaii

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rdidio

Member
What is the name of your state (only U.S. law)? Hawaii

I just wanted to make sure I am understanding this correctly. Here is the section on termination of tenancy from the Hawaii LL/Tenant code:

Fixed Term Rentals. Rental agreements for fixed terms--for example, a six-month
lease--have a termination date stated in the agreement. Termination is automatic and
there is no notice requirement.

Since there is no notice requirement, the expiration of a lease can create great
problems if the landlord and the tenant do not communicate with one another. This is
because the relationship between the landlord and the tenant depends on their
intentions. A failure to inform the other about these intentions can cause critical
misunderstandings. These are a few of the possible results.

A. The tenant can continue to occupy the unit with the landlord's consent. In this
case, a month-to-month tenancy is created, at the same rent as provided in the
lease.

B. The tenant might continue to occupy the unit, but without knowing that the
landlord does not consent. Technically, a holdover tenancy is created. Holdovers
are discussed below. The landlord may expect the tenant to leave, even though
no communication has taken place, and may have lined up a new tenant. If the
tenant stays, the landlord will not be able to deliver occupancy to the new tenant.

C. The landlord may expect the tenant to stay on as a month-to-month


I have a year rental that ends on 11/30. My roommate is moving out and I've been trying to find a new roommate, but have been having some trouble getting someone (place is a little on the expensive side). So I've started looking for cheap studios or a room in another house or something. I talked to my LL a few weeks ago and we verbally said that he would let me sign a lease for another year. He's been out of town and I have yet to sign anything. If I do end up finding another place, my only obligation for terminating is that I'm out by 11/30, is that correct?

Thanks!

ETA - I definitely plan on telling my LL if I find a place. I wouldn't just up and leave like that. I'm going to look at a studio in a half hour and will have a better idea after that.
 
Last edited:



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top