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  • #46
    Re: could my apt be illegal?

    TG - first thing tomorrow, look in the white pages of the phone book, or just call the city & county general number and ask them where to call. Just say that you're having a dispute with your landlord. or call your Council person - they have people in the office that can help you with this kind of situation.

    you can also check this link: http://hawaii.gov/dcca/ocp/landlord_tenant/res_lt_msg

    if you are actually renting a room INSIDE her house, she CAN change the locks. She CAN damage all your personal property. I'm not saying she will do that or that its not wrong to do it. However, she does not sound very rational right now.

    If you are in a separate space with your own private entrance, you may be on a little stronger ground when it comes to your own access. She can still change the locks but you at least should have some wiggle room to call HPD on her. Get your financial records and utility bills and keep them with you. That way you will have the records to show HPD if it comes to that - they won't be inside your unit where you can't get to them.

    and again - good luck to you.

    (next time, try using "Bing" to search instead of Google)
    Last edited by anapuni808; February 28, 2011, 09:01 PM.
    "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
    – Sydney J. Harris

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    • #47
      Re: could my apt be illegal?

      Oh, you gave me an idea! I know its illegal for her to change the locks, but does anyone know about the legality of me changing my own door lock? I kinda worry about her entering to snoop, now that she's bonkers and all
      ~ This is the strangest life I've ever known ~

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      • #48
        Re: could my apt be illegal?

        Originally posted by turtlegirl View Post
        Ummm, does anyone know what government agency handles issues dealing with rent needing to be paid in escrow in Hawaii? ..
        It's all here, TG. Office of Consumer Protection: 1-800-513-8886

        Originally posted by turtlegirl View Post
        but does anyone know about the legality of me changing my own door lock?
        Be VERY careful here! LL has rights too. She has right to have key and be able to enter for emergency purposes. You are on the verge of getting into that pi$$ing match with her. Call Consumer Protection before you do anything.
        Peace, Love, and Local Grindz

        People who form FIRM opinions with so little knowledge only pretend to be open-minded. They select their facts like food from a buffet. David R. Dow

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        • #49
          Re: could my apt be illegal?

          From the HRS:
          [§521-22] Term of rental agreement. The landlord and tenant may agree in writing to any period as the term of the rental agreement. In the absence of such agreement, the tenancy shall be month to month or, in the case of boarders, week to week.

          [§521-53] Access. (a) The tenant shall not unreasonably withhold the tenant's consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants.
          (b) The landlord shall not abuse this right of access nor use it to harass the tenant. Except in case of emergency or where impracticable to do so, the landlord shall give the tenant at least two days notice of the landlord's intent to enter and shall enter only during reasonable hours.
          (c) The landlord shall have no other right of entry, except by court order, unless the tenant appears to have abandoned the premises, or as permitted by section 521-70(b)

          §521-71 Termination of tenancy; landlord's remedies for holdover tenants. (a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation.

          (d) When the tenancy is less than month-to-month, the landlord or the tenant may terminate the rental agreement by notifying the other at least ten days before the anticipated termination.

          [§521-77] Investigation and resolution of complaints by the office of consumer protection. The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter.

          So questions to consider:
          Are you in a separate unit as a "renter", needing 45 days notice to terminate,or inside the house (perhaps just a "boarder", needing just 10 days notice)?
          Did you ever have a written lease, or just verbal?
          Has the landlord given any written notice yet? The time starts ticking after written (not verbal) notice.
          How much disruption to your life are you willing to put up with? If you are in a separate house, then it might (if you are lucky) be a bit more peaceful than if you are a roommate IN a house with someone who wants you out.
          The Office of Consumer Protection could be a starting point for questions.
          Now run along and play, but don’t get into trouble.

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          • #50
            Re: could my apt be illegal?

            I think maybe she get conked on the po'o by a niu. But just be careful and don't stir the pot too much. You might come home and find all your stuff in the front yard, which is illegal, but also a big pain in the a$$.

            Can't think of anything creative this time

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            • #51
              Re: could my apt be illegal?

              Okay! I called the OCP Landlord/ Tenant hotline this morning! In a nutshell, I have done nothing wrong, and am under no obligation to move or do anything differently than I've been doing for the past 3 years. I get to just cruise for a while! Thats not a problem, Im just gonna ignore her. The OCP told me that I could call the police on her for being belligerent with me. Anyway, until she wises up and acts right, I can just stay put!
              ~ This is the strangest life I've ever known ~

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              • #52
                Re: could my apt be illegal?

                Originally posted by turtlegirl View Post
                and am under no obligation to move or do anything differently than I've been doing for the past 3 years. I get to just cruise for a while! Thats not a problem, Im just gonna ignore her. The OCP told me that I could call the police on her for being belligerent with me. Anyway, until she wises up and acts right, I can just stay put!
                Matapule no have good feeling 'bou dis.
                Peace, Love, and Local Grindz

                People who form FIRM opinions with so little knowledge only pretend to be open-minded. They select their facts like food from a buffet. David R. Dow

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                • #53
                  Re: could my apt be illegal?

                  TG, you have been ignoring the question that several of us have asked you: are you in a separate unit with your own private entrance? or do you have a room inside the main house? It makes a difference to your situation. I'm not talking about whats "legal" - I'm talking about what is reality. At this point, I don't think your landlord even cares about whats legal or not - she just wants you gone!

                  For the sake of your own safety/security and that of your personal property -move out as soon as you can. Don't just dig in your heels and fight with her just because you have some right on your side. Is it really worth all the drama, tension & emotion just to be "right"? I think you are much smarter than that.

                  OK - I've said what I had to say. You can get pissed off at me again if you want, thats fine. I'm truly concerned and care about your situation. I would hope someone would tell me the same if I were in the your position. (and I very well could be).
                  "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
                  – Sydney J. Harris

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                  • #54
                    Re: could my apt be illegal?

                    Late to the thread but my only two cents to this would be for you to store any personal item(s) you consider irreplaceable elsewhere, trusted friend, family, storage, etc. Not really dwelling on the issue of what's legal or not. But just in case if your landlord lashes out at your belongings regardless if its legal or not.

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                    • #55
                      Re: could my apt be illegal?

                      It is a separate apartment with my own private entrance and patio. I don't share any part of the main house.

                      JT - you gave me an idea - I should take photos of anything valuable, and make a written list!

                      I still feel that the law is the law for good reasons, and fair is fair.
                      ~ This is the strangest life I've ever known ~

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                      • #56
                        Re: could my apt be illegal?

                        If I may chime in again with more advice ---

                        It sounds like you have the law on your side. No need to flaunt that with the difficult landlord, as it's clear that she isn't interested in the law - she just wants you out.

                        Take the high road. Next time she comes after you, stay calm. Remind her that you have rights in this situation and are fully aware what they are, her opinion notwithstanding.

                        Tell her that you understand she has reasons for wanting that unit back, whatever they may be. Let her know that you have begun making plans to move, but that she will have to wait for you to find something suitable, and that you will be making an effort to do so in a reasonable amount of time.

                        Be clear that your departure will be on YOUR timetable, not hers, unless she actually begins legal proceedings to evict you. Perhaps knowing that you are willing to look for other housing will calm her a bit (and perhaps not).

                        But as many have said before - you do need to get a new place. It's a big hassle, it takes a chunk of cash, yes - but staying where you are is no longer a sensible option. It will escalate, it will cost you more over time - if not in legal fees, then in personal stress.

                        You now know that you can get out of what has become a bad situation on your own terms. You need to do so. You can't stay where you are - it will not get better, no matter what you do. Her behavior will get worse, that's a certainty. How much are you willing to suffer, even with the law on your side?

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                        • #57
                          Re: could my apt be illegal?

                          The LL has rights also. Without a written lease being in place, if she does not want to rent the unit out anymore, that is her choice. And thus is the life of a renter, it is "come and go".
                          Now run along and play, but don’t get into trouble.

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                          • #58
                            Re: could my apt be illegal?

                            Leo, thanks, my sentiments exactly, tho you stated it a lot more eloquently than I ever could've!
                            ~ This is the strangest life I've ever known ~

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                            • #59
                              Re: could my apt be illegal?

                              Originally posted by Amati View Post
                              The LL has rights also. Without a written lease being in place, if she does not want to rent the unit out anymore, that is her choice. And thus is the life of a renter, it is "come and go".
                              True, but the tenant has more rights! It appears that as of today, LL still hasn't given TG the required 45 days written notice. I'm not sure LL is cognizant of the fact that this is necessary. The longer it takes for her to provide written notice, the longer TG has to find a place...45 days + the number of days between now and when she does receive that notice. Seriously TG, start saving. You mentioned it would be too tough, financially, to move in the next month. You could possibly end up with 2 months or longer to move. It's up to you to stay 2 steps ahead of the LL. However long it takes, I just don't see staying there being a pleasant experience. Would you rather be right or happy?

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                              • #60
                                Re: could my apt be illegal?

                                Sometimes, disputes between LLs and tenants can be resolved amicably through the mediation process. Of course, it doesn't always work. But it never hurts to try. Oftentimes, it heads off costly litigation and prevents conflicts from getting out of hand.

                                A lawsuit should always be a last resort. "Winning" a case often means burning your bridges with the other party, which can eventually come back to haunt you. As Anapuni said, this is a small town.
                                This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

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