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pleasekokua

Did we inherit a tentant?

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We live in Hawaii, My hawaiian husband's uncle passed away suddenly last month and had named my husband as successor of his hawaiian home (leasehold).

 

His uncle allowed a friend to reside on the property rent free.

(she works in the yard and we are not sure if this is just something she did or if they had some sort of an agreement). All the utilities are in his name. There are liens against the house and we have to wait a couple months for the state to sort out his debts/estate as to what to do about the house. Legally, the hawaiian homes office signed the property lease over to my husband.

My question is how do we get her off the property, do we have to follow the 45 day notice to vacate. Can we turn off the utilities? 

pls advise

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we are not sure if this is just something she did or if they had some sort of an agreement

 

Not sure what the difference is between these two things.

 

 

 

My question is how do we get her off the property, do we have to follow the 45 day notice to vacate. Can we turn off the utilities?

 

I'm sure you can turn them off, but it probably would be a bad idea to do so.  Your husband ought to contact a local landlord-tenant attorney to handle this matter for him.  Not really a good DIY project, and eviction attorneys tend not to be terribly expensive.

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My question is how do we get her off the property, do we have to follow the 45 day notice to vacate. Can we turn off the utilities? 

 

Here's the Hawaii landlord tenant statutes, followed by a link to a guide.

 

http://files.hawaii.gov/dcca/ocp/landlord_tenant/landlord-tenant-handbook.pdf

 

If there is no written lease with any duration left, you'll have to give the 45 days written notice as required by Section 521-71 of the statutes.

 

You ought to be able to do that without a lawyer and if she moves out by the deadline you're fine.

 

Meantime, leave the utilities on or you might suffer financial penalties.

Edited by Findlaw_FN
This post has been edited for violation(s) of our Community Guidelines

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