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Old 02-17-2019, 05:09 PM
 
29 posts, read 89,794 times
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Hey all,

I had a tenant move in to my house in Kekaha in January. They haven't paid rent, and I've given them 10 days notice to remedy, which expires tomorrow. I'm going to evict if nothing turns up. "Check is in the mail", but, I have an online portal for them to pay through, and they haven't. Anyone else been through this before? I've had great tenants the past 3 years and never had anything like this. Should I get a lawyer to file the right paperwork or is it pretty straight forward? Anyone know how long it takes to get them out once the paperwork has been filed? Now, the kicker, what if I'm not on island? can my on island contact file the paper work for me? Looking for people with experience with this crummy headache, thanks!!!
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Old 02-17-2019, 05:34 PM
 
Location: Kahala
12,120 posts, read 17,894,590 times
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Hawaii is one of the easier states to evict for non-payment of rent.

It isn't difficult - but it can be a bit time consuming - and I'm not sure with you off island how much more of a hassle it becomes. The basic steps are 1) Serve notice 2) Go to court - have a process server serve the tenant 3) Go back to court on your court date - they either need to pay you on the spot, can admit non-payment (and you win) or get an automatic continuance (which will be a day to 2 weeks) - and if they don't show, you win 3) Arrange to have the Sheriff evict - hopefully they don't leave property behind, you have to give notice for that. Start to finish is generally 14-30 days.

You may want to call some attorneys - they should have flat rate available for about $500 or so
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Old 02-17-2019, 05:52 PM
 
172 posts, read 146,131 times
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Everything Viper said and I'll add this. Start now and evict them. Stories just turn in to more stories and the longer you wait the more damage they can do. For lots of these "tenants" this is a scam. They get lots of free months doing this.
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Old 02-18-2019, 11:52 AM
 
Location: Moku Nui, Hawaii
11,049 posts, read 24,014,485 times
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Rentals in Hawaii are supposed to have local property managers, are they able to do the eviction process if necessary? That would be a higher level of responsibility than an island contact, wouldn't it?

Last edited by hotzcatz; 02-18-2019 at 12:02 PM..
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Old 02-18-2019, 12:54 PM
 
Location: Kahala
12,120 posts, read 17,894,590 times
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Quote:
Originally Posted by hotzcatz View Post
Rentals in Hawaii are supposed to have local property managers, are they able to do the eviction process if necessary? That would be a higher level of responsibility than an island contact, wouldn't it?
If you don't live on island - the lease should be between the tenant and the property mgmt company not with the landlord directly. The property mgmt does everything regarding the property - including eviction. You'll give up 10% of your rent per month, but they will literally do everything from advertising, paperwork,, collect rent, property walkthru, etc.....

If you don't live on island - and the lease is directly between the landlord and the tenant, therefore - not using a property mgmt company, you'll need to give power of attorney to someone to handle the eviction (whether that be the on island contact an attorney or someone else acting on your behalf) if you don't come back to the island for the eviction process. I'd recommend in this instance, the power of attorney be granted before giving the initial 5 day notice and that person handle the eviction start to finish.
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Old 02-26-2019, 06:09 PM
 
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The process described by viper is correct but usually takes 45-60 days. You can have someone file the documents but who is going to appear on your behalf at the writ of possession hearing. As a Realtor, I strongly suggest having an attorney do it unless you are here on island. Even then, I would choose an attorney. The attorneys I work with charge more than $500 though. FWIW, the landlord-tenant code states you must legally give the tenant 45 days notice, I'm pretty sure. Good luck
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Old 02-26-2019, 06:43 PM
 
Location: Kahala
12,120 posts, read 17,894,590 times
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Notice is 5 business days for failure to pay rent.
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Old 02-27-2019, 04:11 AM
 
29 posts, read 89,794 times
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Thanks all for the great advice. I’ll call around to some attorneys in the am, and then to some property mamagers. I definitely don’t want to deal with this going forward again!
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Old 02-27-2019, 02:49 PM
 
29 posts, read 89,794 times
Reputation: 38
OK - now a serious question. I've called a few attorneys who said they don't handle evictions anymore. Anyone out there know any lawyers they could message me the name and number of who does handle evictions?
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Old 02-27-2019, 03:42 PM
 
172 posts, read 146,131 times
Reputation: 587
Try No Ka Oi Processing dot com
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