Could my apartment be illegal?

[LikaNui]

Re: could my apt be illegal?

TG, if there's even the possibility of your having to move, start looking now. That way you can find something you really like, instead of having to accept just about anything because suddenly you're in a rush.
Remember that there are certain times of the year that it's much harder to find a place, typically just before college semesters begin is the worst.

[Frankie's Market]

Re: could my apt be illegal?

So it comes down to taxes vs housing crisis...and taxes win? Gotta hope they use that extra tax money to build better housing for those who need it, eh?

As a matter of fact, the C&C of Honolulu does have programs that assist homeless people.

Money that goes into such programs do a lot more to ease the housing crunch than if it simply lined the pockets of slumlords.

[Amati]

Re: could my apt be illegal?

I am NOT leaving without a court order! This situation is unfair and crazy! No 45 day notice yet, so Ima gonna hang tight until then, because, yeah, I really do want to stay here! Even if it means having to ignore this LL situation!
Oh, and I don't need a lawyer, I've got a ton of experience in this field! (my momma's a landlady, too!)

I want to be a fly on your wall when the sh*t hits the fan. No offense, but my money is on the LL.

[Frankie's Market]

Re: could my apt be illegal?

I'd have to agree with these points, TG. As much of a hassle as it is to move, it sounds like this is already starting down a path that is unlikely to get better. It sounds like a bad relationship, and it's often easier to stay in a bad one than to get out - but it never ends well. Even if you get over this headache, garans there will be more pilikia from the LL.

Just to add to this good bit of advice:

When the time eventually comes for you to move to a new place, most landlords screen prospective tenants by asking you to provide contact information for your former LLs. Knowing this, you don't want the relationship with your present LL to deteriorate to the point that you can't use them as a reference.

[anapuni808]

Re: could my apt be illegal?

Frankie makes a very good point. you do not want to screw up your references for a new apt. just keep in mind - this is a very small town.

[turtlegirl]

Re: could my apt be illegal?

Awesome. I just went to pay my rent for next month, and she won't accept it, plus, she got really nasty with me, and said that she was gonna call the sheriff on March 31 to get rid of me, and said "You'll be sorry! You will paaaay!!!" Unbelievable!

Advice?

[anapuni808]

Re: could my apt be illegal?

get out just as quick as you can find a new place. use the $$$ you were going to pay for rent for your new security deposit cause you can pretty much kiss the one you paid to crazy LL good-bye! just consider it your last months rent. I know you like living on windward side so check over in Kailua too - I was on Craigslist last nite and noticed a few listings. Townside - I would suggest Makiki. There are signs all over the place for units - saw 4 just on my way to work this morning.

Do you have a signed lease where you are now? unless your current landlady gives you written notice (45 days?), i don't think she can just throw you out and call a sheriff.

Good luck to you!

[turtlegirl]

Re: could my apt be illegal?

Oh, and there was this fun exchange.

LL: This is my house, you dont even belong here, when I say get out you better get out! You have no rights! You keep that rent, youre gonna need it to move!

ME: I don't live here? Then what the hell have I been paying rent for 3 years for? Im not going anywhere, and now I have to go put your rent in escrow at the courthouse.

LL: You have no proof! You got nothing! Im going call my lawyer if you try anything!

Me: Ummmm, youre wrong, but okay, you can do that.....

>SIGH!< Aaargh! Im not in any position to move this month. She's still not legally evicted me.

[turtlegirl]

Re: could my apt be illegal?

Do you have a signed lease where you are now? unless your current landlady gives you written notice (45 days?), i don't think she can just throw you out and call a sheriff.

Good luck to you!

No
You're right.
Thank you!

[matapule]

Re: could my apt be illegal?

Advice?

TG it is obvious your landlady is totally unaware of the laws protecting you as a tenant, she is blowing smoke. However, she can make your life miserable in the interim. I'm not sure about HI, but I think you have 45 to 90 days to move after receiving certified mail notice (I believe the County has a free tenant/landlord obudsmen for legal advice - another one of those liberal-communist-facist-muslim give-aways) My advice is find another place as soon as possible. If she gives you any trouble, like changing your locks, YOU call the sheriff.

After you move, you can turn her in to the authorities for an illegal unit and back taxes. But, my advice, is to move on and let it go. Your LL is a pathetic individual and you don't need to stoop to her level. It has to do with karma and what goes around comes around. Getting involved in a pi$$ing match with her only diminshes you. She will have to live with the results of her karma. On the other hand, you can burnish your karma.

I wish matapule was there to walk you through this, but matapule has confidence in you that you can figure it out. We're in your corner, kiddo!

Blessed Be.

[tutusue]

Re: could my apt be illegal?

TG it is obvious your landlady is totally unaware of the laws protecting you as a tenant, she is blowing smoke. However, she can make your life miserable in the interim.[...]

Exactly! On both counts!
I doubt LL wants to give you the required 45 day written notice to vacate as it could show proof that she's been renting the property illegally. Still, the law favors the tenant. Been there, done that with a previous tenant! Do you still have the receipts she provided you? Maybe the next time she threatens you with the sheriff, nicely ask her for the REQUIRED, WRITTEN, 45 day notice of eviction and at that point you'll consider a move. But, yes, what others have said...the handwriting's on the wall. Start seriously looking for another place and as Leo mentioned in a previous post...move on your terms.

It really does sound like she's losing her marbles. That's hard to fight. I think the Universe is telling you it's time to move on. Were there gentler signs leading up to these more overt signs?

I have an actress friend of lives at Malaekahana. Would you like me to ask if she knows of rentals or is that too far away?

[68-eldo]

Re: could my apt be illegal?

If you do not have a signed lease it could get really ugly. The LL might be able to call the police. Let’s hope not. I’m sure the police will take a cautious approach, and they have dealt with people afflicted with dementia before.

With no lease I don’t think a lawyer touch the case.

LL can not call the sheriff to evict you. The sheriff’s office works for the court. The process is LL files a complaint with the court through a lawyer. Court sends Sheriff out to serve tenant with a summons. Tenant goes to court, judge rules on the case. If the judge rules against the tenant the tenant has a given number of days to vacate. If tenant does not leave the Sheriff then comes in and removes tenet. All that takes time.

With all that said, it would be better if you move before LL gets more hostile. It‘s not a good situation, sorry TG.

[turtlegirl]

Re: could my apt be illegal?

Ok, I know I gotta move at some point. But Im not ready yet, Im cash strapped, never saw this coming, and Im prepared to take whatever she thinks she can dish out! Im resisting, and I have no qualms about following the eviction laws all the way thru. Apartment rental has been my family's business since before I was born, and altho LL says "I dont care what the hell anybody in your family does, you better listen to me", well, hahaha lady, Ive been batting .1000 thru all my apt rentals over the years! It makes me mad when landlords abuse tenants, and also when tenants abuse landlords. If we have to make agreements thru the courts, so be it! Been there, done that, no big deal!

I have receipts, bank statements that state how I pull the same $ amount same time every month, cable and internet svc here, ...more than enough evidence that I have been paying for my room and living here as a renter! I even could subpoena some neighbors that wouldnt mind telling.

She doesn't have a leg (cane?) to stand on, and Im okay with holding her accountable for her responsibilities. Fair is fair, and the law is the law.

[turtlegirl]

Re: could my apt be illegal?

TG it is obvious your landlady is totally unaware of the laws protecting you as a tenant, she is blowing smoke. However, she can make your life miserable in the interim. ....
Yes, aaaand no, how can she make me miserable if 1)its easy to just ignore her, and 2)if she does anything to me thats against the law, I'll report her

After you move, you can turn her in to the authorities for an illegal unit and back taxes.
You bet, Im actively thinking about it! Tho its more likely that this stuff will come out should we have to go to court

I wish matapule was there to walk you through this, but matapule has confidence in you that you can figure it out. We're in your corner, kiddo!
Ohhhh, thank you! I appreciate! I almost feel like Im standing up for all therenters of Oahu that have been wronged! Best wishes to you and uaifi!

So, yeah, until I find the place to move to thats as perfect as this one, I'm fightin'.

[turtlegirl]

Re: could my apt be illegal?

Ummm, does anyone know what government agency handles issues dealing with rent needing to be paid in escrow in Hawaii? This is my first landlord / tenant dispute in HI! Im not having a lot of luck with google...