TENANT_RIGHTS_AND_RESPONSIBILITIES__7.21.2021_-Hawaii-for_website.pdf

Transcript

1. TENANT RIGHTS IN HAWAIʻI
   Presented by
   Hawai’i Workers Center
   Alan Lloyd, Volunteer organizer
   

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2. PLEASE REMEMBER!
   • The information provided in this presentation does
   not, and is not intended to, constitute legal advice;
   instead, all information, content, and materials
   presented are for general informational purposes
   only.
   • Also remember that this presentation is directed towards
   private landlord tenant agreements (as opposed to Section
   8 rental agreements, public housing rental agreements).
   • Rental agreements involving Section 8, public housing, and
   other rental assistance subsidy programs may have
   different requirements and applicable laws that are not
   addressed in this presentation.
   

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3. What are RIGHTS?
   • Something you have/get as a
   HUMAN.
   • As a HUMAN you have RIGHTS,
   HUMAN RIGHTS.
   • You may never have been told you
   have RIGHTS, both back at home
   and here on Maui.
   • But you do have RIGHTS, because
   of laws that are made for you.
   

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4. YOUR RIGHTS
   • To be paid overtime, if work more
   then 40 hours a week.
   • For employer to give you HEALTH
   INSURANCE, if work more then 20
   hours.
   • To be free of Harassment OR
   Pressure from a SUPERVISOR.
   • To have a LEASE with your landlord.
   • To have an Apartment/House/ Room
   without INSECTS/ RODENTS.
   • To be told 45 Days before Rent goes
   up.
   • To have a BROKEN STOVE/
   REFRIGERATOR fixed.
   

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5. How many people rent a
   room? You still have Rights!
   If things are not good, talk with other
   renters to get things repaired.
   IE. Holes , leaks
   

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6. What’s a LEASE?
   • Written on paper.
   • Includes amount of Rent
   • How long will pay that Rent
   • IE. $1,200 month for 1 year.
   • Sample Leases!
   • LEASE with Landlord,
   Management Company, Main
   Renter
   • Q: Why do people not get a
   LEASE?
   

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7. Why don’t people ask for a lease or repairs?
   • Repair too small
   • Won’t be renting long enough
   • Not having a lease, part of how my
   life is and No one else has a lease.
   • No one asks landlord for repairs.
   • Asserting my RIGHTS will not do
   change anything.
   • Don’t want to be a
   COMPLAINER.
   • Believe they can do repairs
   themselves.
   • May lead to getting evicted
   • If rent goes up we can eat less
   food, have others move in, get
   another job.
   

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8. Why have a LEASE?
   • Because your rent stays the same.
   • IF RENT STAYS THE SAME,
   YOU CAN:
   • Save for a car
   • Send more $ back home
   • Take a vacation
   • Eat out
   • Put $ in a College Fund for
   children/grandchildren
   

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9. LEASES & LANDLORDS
   • LEASES are agreements, written,
   between tenant and landlord.
   • LEASES are not verbal promises.
   (Role play)
   • LANDLORDS can be man, woman,
   businesses- small or large
   corporations.
   

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10. LEASES
    • IF LIVE IN A HOUSE WITH MANY PEOPLE AND
    HAVE NOT SIGNED A LEASE,
    • SOMEONE IN HOUSE MAY HAVE SIGNED A
    LEASE.
    • IF NOT, THOSE IN HOUSE ARE ON A MONTH
    TO MONTH LEASE WITH LANDLORD
    • If SOMEONE HAS SIGNED A LEASE, THE REST
    OF YOU ARE SUBLETTING. THEY OR
    LANDLORD CAN TELL YOU TO LEAVE.
    • LESSON: SIGN A LEASE IF YOU CAN.
    

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11. MONTH TO MONTH AGREEMENT:
    If haven’t signed a lease, you have month to month
    agreement. Landlord can raise rent any time.
    • 6 MONTH LEASE.
    • Keeps rent the same for 6
    months
    • Landlord cannot increase rent
    • After 6 months, get another 6
    or 12 month lease.
    • IF YOU HAVE NOT SIGNED A
    LEASE, YOU HAVE GIVEN --→
    • SIGN A LEASE
    • 12 MONTH LEASE
    • Keeps rent the same for 12
    months
    • Landlord cannot increase rent
    • After 12 months, get another
    12 month lease.
    • --------------------------------------------------
    • AWAY YOUR RIGHT TO
    CONTROL YOUR RENT.
    

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12. STRATEGIES TO GET A LEASE
    • Let landlord know, get a property tax exemption, if give a 1 year lease.
    • Ask for a 1 year lease
    

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13. RENT INCREASE
    WRITTEN 45 DAYS NOTICE
    FOR MO. TO MO. LEASE
    

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14. Strategies to decrease Rent increase
    • Work to get Rent Control/Stabilization passed in your county.
    

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15. REPAIRS
    

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16. What are REPAIRS!
    • Your RIGHT to get things fixed, like,
    • Stove, AC, Fan, Holes, doors
    • What else do you think might need to be
    FIXED in your home?
    • Who knows someone who needs
    something fixed in there house? What do
    they need fixed?
    • Write a Letter to your landlord
    • Call the Maui Tenants Association, and
    we’ll make a complaint to MAUI
    COUNTY. No Information about Tenant
    will be provided. 808-444-1119
    

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17. REPAIRS
    • EMERGENCY REPAIRS: electrical, plumbing, major
    appliance repairs, water heater, refrigerator, or anything
    needed to keep your rental unit sanitary and habitable, ie
    rodents, insects.
    • If live with many, the person who signed the Lease, or
    those who have lived there the longest, can request
    repairs.
    • Its dangerous to live with open plugs, water leaks, freezers
    that don’t work, stove burners that don’t work, leaking
    toliets, rodents or roaches.
    

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18. Repair & Deduct
    • Repair and deduct: You have RIGHT to request
    landlord make REPAIRS. If landlord does not make
    repairs after you request them, you can DEDUCT up to
    $500 per month in repair costs from your rent.
    • There is a process you need to follow.
    • Be careful because if you don’t follow the process,
    you could be evicted for non-payment of rent.
    

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19. The Process for Repair and
    Deduct
    1. Write a letter to your
    landlord requesting the
    repairs.
    • Provide your landlord written notice
    requesting they make the repairs.
    • Be specific about which repairs
    needed, and keep copy of letter.
    • Send your letter certified mail, return
    receipt requested (so that you have
    proof of delivery date and time of the
    notice).
    

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20. The Process for Repair and
    Deduct
    2. Allow your landlord time to make the repairs.
    • Emergency repairs: the landlord must fix
    emergency repairs three (3) business days after she
    receives your written request. Emergency repairs include: electrical,
    plumbing, major appliance repairs, water heater,
    refrigerator, or anything needed to keep your rental
    unit sanitary and habitable.
    • Ordinary repairs: the landlord must begin to fix
    ordinary repairs twelve (12) business days after she
    receives your written request. Ordinary repairs include: a broken
    door, ripped window screen, cracked floor tiles,
    etc.
    

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21. The Process for Repair and
    Deduct
    3. If your landlord does not make repairs
    within required 3 or 12 days, you can
    arrange for the repairs and deduct up
    to $500 of the costs from your next
    rent check.
    • Make sure to submit copies of all the receipts for your costs to
    your landlord (you must have receipts).
    • Remember the maximum amount you may deduct for one month is
    $500.
    • *If the landlord cannot meet the repair deadline, she can get an
    extension IF: she (1) provides a good reason why the repairs have
    not begun and (2) sets a reasonable start date.
    

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22. Strategies for getting Repairs
    • Ask the Renters Association to report the deficiency to the County
    • 808-444-1119
    

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23. Next, Deposits-Security Deposits!
    • $ your landlord requests, that they
    hold for you.
    • You have the RIGHT to only give
    landlord, 1 mo’s of rent as deposit.
    • If RENT $1,000, Deposit no more
    than $1,000.
    • DEPOSIT can only be used for
    REPAIRS after you LEAVE
    apartment!
    • If you give a deposit for a PET,
    that is a security deposit.
    

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24. Security Deposits
    • Security Deposit: MONEY YOU GIVE
    THE LANDLORD AT THE BEGINNING. Its
    insurance against UNPAID RENT AND DAMAGES
    caused by you, your family, or your friends.
    • The AMOUNT is decided by the
    landlord, HOWEVER, it can be NO MORE
    THEN ONE MONTHS RENT, plus an
    additional month's rent for pets.
    • The security deposit cannot act as the last month’s rent
    unless you and the landlord agree on this in writing.
    

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25. Security Deposits
    • The landlord must notify you in
    writing if s/he is keeping part or all
    of the deposit.
    • The landlord is required to either
    return the full deposit or write you
    within 14 days after you move out
    to tell you exactly why all or part of the deposit is
    being kept (unless the tenant wrongfully vacates
    the unit prior to the expiration of the lease term).
    

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26. Can I get my security deposit
    back?
    • Landlord can keep part or all of deposit. In most cases, you may
    not be able to get all of your deposit back if:
    • Damage to the property beyond normal wear and tear
    • Fail to pay rent or wrongfully vacate the unit before the end of the
    lease term
    • Fail to return all keys upon moving out
    • Fail to clean thoroughly upon moving out
    • Abandon the property
    • If none of the above factors apply, you may be entitled to receive part or all of the
    security deposit.
    • Contact LEGAL AIDE SOCIETY OF MAUI, TO HELP YOU GET YOUR SECURITY
    DEPOSIT BACK. 800-499-4302
    

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27. Strategies to get security deposit
    back?
    • If landlord does not write you or return
    SECURITY OR PET deposit within 14 days,
    you can go to Small Claims court to get it
    back.
    • Be sure to document everything and keep
    copies.
    • Contact LEGAL AIDE SOCIETY OF Hawai’i,
    TO HELP YOU GET it BACK. 800-499-4302
    

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28. LANDLORD COMING
    INTO YOUR
    HOUSE/APT.
    LANDLORD MUST GIVE YOU
    2 DAYS NOTICE.
    REASONABLE HOURS, EXCEPT
    EMERGENCY.
    

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29. STRATEGIES IF LANDLORD
    REPEATEDLY COMES INTO
    YOUR HOUSE/APT.
    • Post on front door wording about entering
    • Make sure you and roommates are on
    same page, about landlord giving 2 days
    notice.
    

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30. If I cannot pay rent, what should
    I do?
    • Talk to Landlord about payment plan
    • You should apply for rental assistance! CATHOLIC
    CHARITIES or MEO- Maui
    808-264-8263 or 808-872-6230
    • Native Hawaiians may contact the DHHL Emergency Rental Assistance
    Program for help with rent payments at:
    https://www.hawaiiancouncil.org/dhhl.
    

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31. Eviction?
    • Landlords must give you 15 calendar
    days notice that they plan to evict you.
    • During the 15 days, contact a mediation
    center to schedule mediation. 808-244-
    5744 or 808-344-4255
    • If you do not schedule mediation, Court
    eviction can start, when 15-day period is
    over.
    • How soon you can be evicted depends on how long it has
    been since you last paid rent.
    

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32. How will the Eviction process
    work?
    • The 15 day calendar notice must include:
    • The landlord’s name and contact information
    • The address of residential rental property
    • The name and contact information of all tenants
    • The monthly rental rate
    • The current outstanding balance of rent due
    • Whether the landlord has applied for rental assistance or been
    contacted on behalf of the tenant by an agency providing rental
    assistance
    • Whether any rental assistance has been credited to the tenant’s
    amount due
    • That a copy of the 15 day notice is being provided to a mediation
    center
    

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33. How will the Eviction process
    work?
    • One purpose of the 15-day notice is to keep all parties
    informed on the status of mediation.
    • It is important that the landlord include all contact
    information on the notice so that the mediation center which
    receives the notice can reach out to both landlord and tenant.
    • *Landlords may not be familiar with these requirements
    because they are new as of August 7, 2021.
    

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34. Strategies, if being evicted
    • If landlord has not given you a move out date, you can still pay rent. If they
    cash check, then rent paid.
    • There is a HOldOVER fee, for staying past eviction, but if they haven’t given
    you a move out date, they cant charge you the holdover fee.
    

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35. LANDLORD MUST
    MAKE
    ACCOMODATIONS IF
    YOU OR FAMILY HAVE
    A DISABILITY.
    

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36. If you have a Disability
    • If you have a Emotional support dog, and have written evidence of a
    disability, you have the right to have the dog with you in the unit.
    • It would be Discrimination if they excluded animals.
    • Contact Legal Aid society of Hawaii. 800 499 4302
    

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37. Work Trade
    • If Work Trade:
    • Trade Housing for Care Taking
    • Then, No Landlord-Tenant
    Relationship,
    • So No RIGHTS by Law
    • If Work-Trade, and Landlord Asks
    verbally or written for Rent.
    • He/She now establishing Landlord-
    Tenant relationship. Ask for 1 year
    lease
    • If you can’t pay
    • He/She is evicting you
    

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38. Who Can Help?
    • The Legal Aid
    Society of
    Hawai’i:
    • 800 499 4302
    

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39. Legal Aid/DCCA/VLSH
    • The Department of Commerce and Consumer
    Affairs (DCCA) runs a Landlord/Tenant
    Information Centers which you can call:
    • (808) 586-2634
    • Volunteer Legal Services Hawaiʻi (VLSH) provides
    assistance with landlord/tenant matters:
    • (808) 528-7046
    

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40. Residential Landlord Tenant Code
    (H.R.S. § 521)
    • Most of the laws applicable to landlords and
    tenants in Hawaiʻi are contained in the
    Residential Landlord Tenant Code, Hawaiʻi
    Revised Statutes § 521.
    • For good information on the laws contained in
    the LL/T Code, see the Landlord Tenant
    Handbook. The Handbook is published by the
    State of Hawaii’s Office of Consumer
    Protection, and you can find it online:
    https://cca.hawaii.gov/hfic/files/2013/03/landl
    ord-tenant-handbook.pdf.
    

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