Hawaii Tenant Background Check
Hawaii Security Screening for Tenants
Conducting Hawaii background checks on prospective tenants is essential to protect the property rental property from damage, criminal activities, and other problems which could cost you a substantial amount of money and time and could even harm your reputation as an ethical landlord. Furthermore, performing tenant screening background checks quickly gives a clear view of an applicant's rental history, including past Evictions or legal actions that the landlord is currently taking against the applicant.
The Hawaii Residential Landlord-Tenant Act allows landlords to allow a landlord to take actions to expel the tenant from their premises in the event of not paying rent, for example, having the property used for purposes different from the tenant's residence, starting by conducting an exhaustive Hawaii tenant screening background check on each adult applicant is essential to ensure that you quickly discover this information. The previous address tenant history will show if the applicant has provided accurate information regarding prior addresses or if they failed to reveal an address from which the tenant was removed or is owed money by the landlord for damages. In addition, this Telecheck report will let you know whether your application has written poor checks.
If you conduct a Hawaii tenant background check, it will comprise more than the credit report, it is possible to uncover information about the possibility that, instead of using a former rental home as a residential home, the tenant used the place for criminal activities or allowed others to live in the home as a substitute or in place that of. It is not uncommon for someone to fill out the rental application in their name and then permit someone else to reside in the house with an eviction history or criminal records or has grave credit issues that could result in the person being rejected for tenancy.
Although The Koleman Group LLC offers various Hawaii tenant screening background check packages, the more thorough packages will provide more complete details. It is no longer necessary to wait for a long time for the credit report or shell out expensive attorney costs to determine whether your tenant has a criminal history. We scan the most recent information to provide you with reliable information in a short amount of time. It is essential to perform an extensive tenant screening on every adult living within the premises, and not only the applicant who is the main applicant. The spouse or adult child may have a criminal record or any other history that could prevent them from staying at the rental property.
You can check your prospective tenant's criminal background according to state. You can also conduct a comprehensive criminal background search. You can also select the Hawaii tenant screening background check program that searches for terrorist and sexual offender convictions. You don't want your reputation as a landlord who rents out to the most qualified applicants to be tarnished when you rent to criminals, particularly when the crimes are severe criminal convictions.
There is no reason to compromise on the quality of Hawaii tenant screening background checks because tenant screening costs are usually transferred directly to the tenant. It is a practice that is common in many states, and the Hawaii Residential Landlord-Tenant Act doesn't contain any provisions against passing the associated cost on to tenants who are aspiring to be a tenant. Suppose the applicants are honest about renting the property to make it their residence, and the applicant doesn't have anything to hide. In that case, they shouldn't have any objections to paying for the extensive background checks for permission to lease any of the properties you own. Request your thorough Hawaii Tenant Screening Background Checks on all your applicants right now.
The Koleman Group LLC offers tenant screening background checks nationwide. Are you looking for the tenant screening report for an additional state other than Hawaii? Go to the tenant background checks section for more information.
Hawaii Landlord-Tenant Law
None of the information can be used as a substitute for professional advice. If you have any concerns or think you may be in a legal situation according to Hawaii Landlord-Tenant Law, you should consult with an attorney. The information below is provided for reference purposes only.
Regulative and Official Rules Hawaii Lease Tenant Law
Residential Landlord-Tenant Code - Hawaii Rev. Stat. SS521 - SS521-78
Tenant and Landlord - Hawaii Rev. Stat. SS666-1 - SS666-21
Hawaii.gov - Landlord-Tenant Handbook (PDF)
Security Deposit Limit: Pursuant to SS521-44(b), no more than one month's rent and a pet deposit is permitted. Pet deposit is only available to applicants when pets are permitted, and the tenant is pet-friendly.
Securities Deposit Interest It is not required by the Handbook Page. 25
Separate Security Bank Account for Deposits: There is no statute to be found.
Pet Deposits An additional security fee is required, usually one month's rent, provided that the tenant owns a pet. This is not permissible if the tenant does not have pets or the tenant is a legally certified service animal taken in connection with impairment under SS521-44(b)
Non-Refundable Fees There is no statute in place
Deadline for the return of Security Deposits: Security deposit must be returned to the tenant within 14 days of the expiration of the lease or rental agreement in accordance with SS521-44(c)
Permitted Uses of the Deposit
Tenant defaults on any accidental damages that result from the non-compliance with any provision of the Tenant Obligations.
The failure to pay rent when it's due
Inability to return the keys returned to the landlord after the expiration or expiration of the rental or lease contract;
Cleaning the apartment or paying for it to be cleaned after leaving the premises. The unit must be returned to the same state as when the tenant was moved in.
Compensation for damages resulted from the tenant who has erroneously quit the rental without giving notice and also:
Redress any damage that was caused by pets or animals allowed pursuant to a rental agreement as per SS521.44
Require a Written Description of Charges and Damages: A detailed list or description of the damages and charges is required unless it can be proved that the tenant had wrongly quit or left the property without notifying that landlord via written notice. The landlord must offer the tenant a written statement of any withholdings and proof to justify the total of all expenses to fix the damages due to the tenant. It includes invoices or estimates for the cost of any services or materials required for cleaning, receipts for equipment and supplies, and the charges resulting from the cleaning service in accordance with SS521-44(c).
Record-keeping of Withholdings on Deposits: No statute available
Receipt for Deposit: There is no statute to be found.
Failure to Follow: Failure on behalf of the landlord to adhere to their obligation to give a tenant a formal notice of withholdings or other information required within 14 days following termination could cause the landlord to forfeit any part of the tenant's security deposit that has paid. If this happens and the tenant fails to comply, the landlord must return the total amount of the security deposit to the tenant. In addition, both the landlord or tenant could bring a lawsuit against the other party through small claims courts to recover damages, plus the cost for the lawsuit, in case any dispute regarding the retention of security deposits persists, as per the provisions of SS521-44(c)(g) as well as (h).
Lease Fees, Rent, and Lease
Rent due: Unless another date has been agreed to between landlord and tenant, the rent due is at the end of the month, according to SS521-21(b).
Rental Increase Notification: 45 days written notice before the date of the increase is required for month-to-monthly leases, whereas lease agreements that have a shorter period of time need 15 days of written notice to be provided before the date of effect of the increase as per SS521-21(d)(e).
Rental Grace Period The statute is not available as per the Handbook page. 26.
Late Fees Fees for late payments are permitted; however, there is no law to provide a specific amount according to the Handbook page. 4.
Prepaid rent: When the lease is first signed, the landlord is not required to pay over the first month's rent and deposits. The security deposit cannot, either in total or in part, be considered to be paid for the previous month's rent unless both parties agree upon it, and the tenant must also provide the landlord with a written 45-day notice before the tenant's departure. The landlord is not able to require a postdated check to be used in any rent-related payment, whether in total or in parts, according to the provisions of SS521-44(b)(2) as well as (e).
Return Check Fees $30,000 not confirmed by the law.
The tenant is allowed to withhold rent in the event of non-provision of the Essential Services and Habitability: It is permissible in the event that the tenant adheres to the procedure laid out in the SS521-78.
Tenant allowed to repair and deduct Rent: It is possible only in the event that the landlord fails to correct the situation within one week of written notice from Health department officials or any other agency of a safety or health violation. Then, the tenant can immediately make any repairs or even pay for the work completed, submit proof of the work to the landlord, and deduct the cost of repairs from the rent. The amount must not exceed $500 in accordance with the SS521-64.
Landlords can recover the cost of court and attorney's fees: Yes. According to SS521-35, according to the lease agreement, the landlord can collect on the tenant the cost of the lawsuit and any rent that is not paid and reasonable attorney's charges not exceeding 25 percent of the amount of unpaid rent.
The landlord must Try Reasonably to Redress Damages to Lessee and/or an Attempt to Rent: Yes. The tenant is accountable to the landlord for the costs of any kind of abandonment, regardless of the less amount:
The total cost of rent for the remaining period of the lease or
The rent earned during the time it could reasonably be required to rent the unit again between this reasonable rental and rent stipulated within the rental agreement and an appropriate commission for the landlord who has to rent the unit.
Early Termination/Abandonment Fee: No statute available
Notifications as well as entry:
Notice to End Tenancy with Fixed End Day in Lease In accordance with the Handbook pg.3, the termination of the lease occurs automatically, and no notice is needed.
Notice to End Tenancy - Yearly Lease no end date: There is no statute to be found
Notice to End Tenancy - Month-to-Month Lease:
The landlord must provide 45 days written notice in accordance with SS521-71(a)
The tenant must provide an advance written notice for 28 days pursuant to the provisions of SS521-71(b)
Notice to End Tenancy - Week to week Tenancy: 10 days of written notice in accordance with SS521-71(d)
Immediate End of Tenancy Instant termination of tenancy is permitted when the tenant willfully causes or threatens to cause harm to the property or individual on the premises or commits a clear violation of the lease contract or the law as per one of the following: SS521-51(1) and (6), SS521-52, SS521-70(c) or SS521-72.
Notice of the Termination of all other leases due to Non-payment: The tenant has 5 days to rectify the issue or terminate this lease (SS521-68).
Notification of Ending Resulting from Condo Conversion: If the landlord decides on the conversion of rental properties into condominiums in chapters 514A and SS514B, and SS514B, the landlord must give written notice to the tenant for a minimum of 120 days or six months in advance of the end in the lease agreement or rental agreement in accordance with the SS521-38.
In the termination of lease violation, the tenant is given 10 days to rectify the issue or terminate their lease. The landlord must then wait 20 days before instituting the eviction process in accordance with the SS521-72.
Notice to Endure for Nuisances the landlord must give five days' notice; however, the tenant gets 24 hours' time to rectify the situation in accordance to SS666-3.
Termination at the beginning of the tenancy
The tenant is entitled to end any rental agreement and to move out of the property at any point within the first seven days of the lease in the event that the landlord is not in compliance with this rental arrangement or does not comply in any manner to provide and maintain a habitable residence in compliance to SS521-42(a).
The tenant is also entitled to the right to terminate the lease after one week in the tenancy if the tenant is still in possession of a verbal or written agreement from the landlord to rectify the breach, which could justify the termination of the tenant in accordance with the SS521-62.
Notice of the date/time of the inspection: No statute available
Notification Required Prior to entry: The landlord is required to provide two days' notice before entry.
Entry Accepted with Notification of Maintenance and Reparations (non-emergency): Yes, in conformity to SS521-53(a).
Entry is allowed with a Notice for Displays: Yes, in accordance with SS521-53(a).
Emergency Entry Accepted without notice: Yes, in accordance with SS521-53(b).
Entry Permitted During Tenant's Long-Term Absence: If the tenant is absent for a prolonged period of time, the landlord is allowed to enter the premises when it is deemed necessary for the purpose of maintenance, inspection, and general security, as well as for another purpose that is permitted pursuant to SS521-53(a) or SS521-70(b).
Notice of Extended Tenant Absence The landlord can ask to be included in the rental agreement that the tenant notify of all extended time away from their premises not after the first day of absence in accordance with the SS521-54.
Tenant's Responsibilities to Inform the Landlord: The tenant must inform the landlord of any problem within the property immediately upon noticing it. The condition must be reported regardless of whether they are recognized in the event that you or the landlord knows about the issue, particularly when it is believed to be the landlord or the responsibility of another tenant to correct the situation in accordance with the SS521-55.
Notification to Tenants on Pesticide Use There is no law available
Lockouts are allowed: Lockouts are not permitted and can be punished with two months' rent or the free occupation of the apartment pursuant to the SS521-63(c).
Utility Shut-offs Are Allowed: Shut-offs are prohibited and can be punished with a fine of two months' rent or a free occupation of the residence in accordance with SS521-63(c).
Disclosures and notes on other matters
Name and addresses: The landlord or agent of the landlord must give the tenant the address and name of the person who has been competent to manage the property, along with the address and name of every owner or person who has been legally authorized to take action on their behalf in the event of service of process as well as to receive rent or notices of demand under SS521-43(a)(b).
The Lease Copy: The landlord shall give a copy of the rental agreement or rental arrangement to the tenant as per SS521-43(d).
Domestic Violence: There is no law that deals with domestic violence.
Landlords Duties: SS521-42
Conformity: Remain in compliance with all applicable laws and regulations pertaining to housing and building that directly impact health and safety.
Fixes Perform the necessary repair and make arrangements to keep the building in a suitable condition for use:
Common Spaces Maintain all areas common to a multiple-unit facility neat and secure;
Maintenance Be sure all plumbing, electrical, as well as other equipment and facilities provided by the landlord, remain in working in good condition with respect to the effects of wear and tear and
Waste: Except for single-family homes, landlords are required to ensure and maintain the required containers and facilities to remove regular amounts of garbage.
Water: Other than single-family dwellings or where the property is not legally required to be equipped for this purpose, the landlord must ensure the provision of water in the manner that the tenants reasonably need.
Tenant's Duties: SS521-51
Conformity: Comply with and comply with the applicable building and housing laws that impact safety and health.
Cleaning: The tenant must maintain the unit and every space they are in as clean and secure as the circumstances of the property permit.
Trash: Dispose of all garbage, as well as any additional organic, flammable, or other waste that is generated by your unit neatly and safely.
Plumbing: A tenant must maintain all plumbing fixtures in the property or utilized by the property's residents as clean as they can, taking into consideration their condition.
Appliances: A tenant must be able to operate and properly use all plumbing, electrical appliances, and fixtures in the residence.
Losses: Not allow any individual on the premises with the tenant's permission to damage, destroy, deface, alter, damage, or remove any portion of the property, including the property, its equipment or facilities, and the equipment. Neither should the tenant engage in these activities.
Condition of Fit: The tenant agrees to maintain the property and all equipment as well as furniture, facilities, and other furnishings provided to the landlord in good working order, subject to normal wear and tear.
Respect of House Rules: The tenant accepts to abide by all restrictions, obligations, and rules that are in line with the SS521-52and that the landlord can prove is necessary to protect the property and safeguard the landlord or tenants, as well as any other property owners.
Abandoned personal property: According to the SS521-56 the landlord could:
Sell personal property that has been abandoned in a commercially reasonable way,
storage of personal property left unattended at the cost of the tenant or
Give the property to a charity in accordance with the following conditions:
The landlord should make every effort to inform that tenant of their intentions to donate or sell the personal property left behind. This is done by sending a letter to the address of the tenant's forwarding address or any other address specified by the tenant or, in the last instance, to the tenant's prior address.
15 days from the time the notice is given to the tenant within 15 days of the date the tenant receives the notice, the landlord could decide to sell the property after announcing for sale in a newspaper that is widely circulated within the region where the property is located for a minimum of three days consecutively. The landlord may also decide to donate the property.
The proceeds from the sale, less any deductions of rent, accrued storage costs, sales, and advertisement, must be kept as trust funds for the tenant for a period of 30 days. After that, the profits are returned and returned to the landlord.
Suppose the tenant has vacated the property and left the property behind unclaimed, abandoned, or not sold in the absence of the tenant. In that case, the landlord may sell no apparent value without incurring any responsibility.
Subleasing: It is permissible to sublet, provided that the lease does not prohibit it. The lease might also provide the tenant's rights to sublet. This is subject to the agreement of the landlord as per the SS521-37.
The right to retaliate: Retaliation: The landlord cannot end or deny renewal of an agreement with the tenant who has made an official complaint with an authority of the Government in order to enforce the legal right. Check out the SS521-74 for more details.
Lead disclosure: Tenants must be informed of all lead paint dangers known to exist. Landlords are also required to provide tenants with an information booklet that is considered to be an attached document to the lease in its original.
Caps: $5,000 in accordance with SS633.27
Eviction Cases Accepted in Small claims: No. Residential landlord-tenant Eviction cases are handled within District Court according to SS633.27
Statute of Limitations
Writing Contracts 6-years according to SS657.1
Oral contracts: 6 years according to SS657.1
Business License Mandatory: There is no state-wide law requiring the landlord to possess an official business license; however, local municipalities and counties could have rules that say they do. Contact local authorities to find out the rules in your local area.
Updated on 2022-06-07 21:33:49 by larry coleman