Property Management

With three months to go on her $1,200-per-month fixed-term lease, Miranda moved out of her unit without notifying her landlord. The landlord discovers her absence when he goes to collect August's rent. It takes him one month to re-rent the unit at $1,300 a month. How much rent does Miranda owe him? $1,000 (the rent due for August less $200 for the additional rent the new tenant will pay) $1,200 (August's rent) $3,200 (the amount owed under the rental agreement less the additional $100 per month amount for the new renter) $3,600 (the full amount due under her rental agreement)

$1,200 (August's rent) If tenants abandon a property, the landlord may collect the lesser of the entire rent for the remainder of the lease term or the daily rent for the time it takes to re-rent the unit, plus a reasonable commission, plus any difference between the previous rental rate and the current fair rental value.

Melisa rented her condo to Tessa for $1,800 a month. Melisa was found guilty of constructive eviction. Based on Hawaii statutes, what is the minimum penalty? $1,000 $3,200 $5,000 $5,400

$5,400 Hawaii's minimum penalty for constructive eviction is the greater of three times the monthly rent or $1,000.

Tanya is in a week-to-week tenancy with her Kona landlord, Gabrielle. What type of notice must she give Gabrielle if she decides to terminate? 10 days, in writing or oral 28 days, in writing None, because it's a week-to-week tenancy One week, in writing

10 days, in writing or oral

Sissy and her landlord have been having a spat over what the landlord claims is Sissy's failure to maintain her rental unit. Sissy claims the failure is due to the landlord not making necessary repairs. When Sissy got home from work one day, the landlord had changed the locks on her doors. This is an example of what specific type of eviction? Actual eviction A lockout Constructive eviction Legal eviction

A lockout A lockout occurs when a landlord illegally removes or excludes a tenant from the leased property.

Which of these Hawaii leases requires a minimum 10-day notice to terminate the lease? A 30-day vacation rental An estate at will An estate for years A week-to-week tenancy

A week-to-week tenancy

In Hawaii, a verbal lease agreement for which of these terms would NOT be enforceable? A month-to-month tenancy An 18-month fixed-term lease A six-month fixed-period lease. A weekly rental

An 18-month fixed-term lease A fixed-term lease agreement for a period of longer than a year must be in writing to be enforceable.

The Kauai Development Group, which owns Kauai Hilltop Apartments, has decided to convert the property to condominiums. They've provided the existing month-to-month tenants with a 45-day written notice that their leases will terminate. Based on landlord-tenant laws, the tenants have filed a grievance with the Department of Commerce and Consumer Affairs. What's the most likely reason? A. They're protesting the property conversion. B. The landlord didn't provide the required 120-day notice. C. It's illegal for the landlord to convert the property until all existing tenants terminate their leases. D. By law, the tenants have the first right of refusal to purchase the unit they're currently renting.

B. The landlord didn't provide the required 120-day notice.

Bane's tenant has made frequent complaints regarding the Bane's failure to properly maintain the condo unit. Bane begins eviction proceedings against the tenant. Under which of these circumstances is this eviction illegal in Hawaii? A. The Bane's son is going to move into the property. B. Bane is going to completely remodel the property. C. The property will be sold to another investor as a rental unit. D. The property will be sold to someone who intends to reside in it.

C. The property will be sold to another investor as a rental unit. Bane can't evict his tenant simply because the tenant complained about maintenance. Bane can evict his tenant (even if the circumstances for a retaliatory eviction are present) if any one of several other circumstances are present. If a member of Bane's immediate family plan to move in, the eviction is permitted. It's also permitted for substantial renovations. If Bane has a legitimate contract to sell the property, the eviction may be allowed, but: If the sale is to someone who will reside in the property, the eviction may be allowed. If the sale is to someone who will continue to use the property as a rental, the eviction is prohibited. This makes option C the best response.

Marta is on month-to-month lease agreement under which she's responsible for utility payments. She has complained to her landlord several times about maintenance issues around the Maui house she rents. She received a subsequent rent increase and has filed suit, claiming it's a retaliatory act. Given these circumstances, which of these justifies a rent increase? Damage Marta caused forced the landlord to make substantial repairs to the property. Similar homes in the area are renting for more than Marta's home. The city announced a marked increase in city utility costs. The landlord is going to completely remodel the property.

Damage Marta caused forced the landlord to make substantial repairs to the property.

Danson requests that his landlord change the rent due date from the first day of the month to the fifth day of the month. Under which of these circumstances must his landlord agree to this change? Danson doesn't get his paycheck until the fifth of the month. Danson moved in on the fifth of the month. Danson's public assistance check is issued on the second of the month. It takes three days for Danson's electronic payment to reach the landlord, and Danson can't schedule the payment until he gets paid on the second of the month.

Danson's public assistance check is issued on the second of the month. Hawaii law requires landlords to change the due date to within three days after a public assistance check is mailed.

Roberto's landlord won't cut Roberto any slack in paying his rent on time, so Roberto files a false complaint about a safety violation to get even with his landlord. Based on retaliatory eviction regulations, what can the landlord do? Evict Roberto. Increase Roberto's rent to cover the cost of defending the false claim. Lock Roberto out of his apartment. Sue Roberto in small claims court.

Evict Roberto. Hawaii laws specifically permit a landlord to evict a tenant if the tenant files a false claim about a health or safety violation.

Jorge's Hilo tenants have breached their lease agreement many times, and Jorge is ready to evict them. Which of these steps must he take to begin the eviction process? File a claim in small claims court File a complaint with the Department of Commerce and Consumer Affairs File a suit for eviction Notify the Office of Consumer Protection

File a suit for eviction

Jesse's water heater burst and flooded her basement. After four days, the landlord hasn't responded. Which of these is Jesse's best option? Get two repair estimates and, with the landlord's permission, have repairs made. Have the repairs made herself and charge back anything less than $750 to her landlord. Move out until the landlord repairs it and charge the cost back to the landlord. Refuse to pay rent until repairs are made.

Get two repair estimates and, with the landlord's permission, have repairs made.

Which of these statements most accurately reflects Hawaii laws related to rent payment and increases? Hawaii doesn't regulate rent increases but does mandate tenant notification. Hawaii statutes address rent increase notifications for fixed-term rentals but not for month-to-month rentals. Hawaii statutes don't address rent increases. Hawaii statutes include a rent control provision that limits the percentage by which rents can increase from year to year.

Hawaii doesn't regulate rent increases but does mandate tenant notification.

Kip owns a beachfront apartment building on the Big Island. The building is 50% vacant, because part of the building and many of the units were damaged in a hurricane. Kip's estimates indicate that it's cost prohibitive to repair the structure. What are Kip's options? He can demolish the building with 120 days' notice to existing tenants. He can demolish the building with 28 days' notice to tenants since it's only 50% occupied. He can demolish the building with 45 days' written notice to his tenants. He must wait until all existing lease agreements expire before demolishing

He can demolish the building with 120 days' notice to existing tenants.

Josie rents a condominium from Lee. She must follow the rules set forth by a variety of documents, including which of these? Her lease, the bylaws, and the house rules Her lease, the house rules, and the owner's promissory note The bylaws, the house rules, and the landlord's mortgage agreement The lease, the house rules, and the condominium public report

Her lease, the bylaws, and the house rules

Shawna and Kiko have verbally agreed that Kiko will rent Shawna's condo for a fixed term of two years. Which of these statements is true? Any Hawaii lease agreement can be either verbal or written. If a dispute arises between Shawna and Kiko, the lease agreement is unenforceable. It's illegal to form a verbal lease agreement for any term longer than one year. Kiko can enforce the lease against Shawna, but Shawna can't enforce it against Kiko.

If a dispute arises between Shawna and Kiko, the lease agreement is unenforceable.

Which of these statements regarding Hawaii's rent trust fund is FALSE? Failure to make a required payment to the rent trust fund may result in a judgment for possession in favor of the landlord. If a tenant fails to make a court-ordered payment to the trust fund, the landlord may lock the tenant out. If either party acts in bad faith regarding payments to the trust fund, that party will be required to pay interest on the rent deposited with the court. The court can pay the landlord out of funds deposited by the tenant to the rent fund.

If a tenant fails to make a court-ordered payment to the trust fund, the landlord may lock the tenant out. Under no circumstances may a landlord lock a tenant out until proper eviction proceedings have taken place.

A lease is about to be terminated in Hawaii. Which of the following is a true statement about Hawaii landlord-tenant law? If it's a fixed-term lease, a tenant must give 28 days' written notice. If it's a month-to-month tenancy, a landlord must give 28 days' written notice. If it's a month-to-month tenancy, a tenant must give 30 days' written notice. If it's a week-to-week tenancy, a landlord may give 10 days' oral notice.

If it's a week-to-week tenancy, a landlord may give 10 days' oral notice.

Under which of these circumstances can Leilani, the landlord, enter Joanna's Honolulu apartment without providing notice and receiving consent? It appears that a major water leak is emanating from Joanna's unit. Joanna has gone on vacation for two weeks. Leilani has a prospective tenant for the unit after the current tenant's lease expires. The painters have arrived to paint Joanna's unit.

It appears that a major water leak is emanating from Joanna's unit.

Gina wrote a lease agreement for use with the six apartments she owns. Which of these provisions would Hawaii law prohibit? Landlord is not liable for injuries sustained on the premises. Landlord reserves the right to enter the premises with 48-hours' notice. Tenant is responsible for weekly garbage pickup. Tenants are prohibited from smoking on premises.

Landlord is not liable for injuries sustained on the premises.

Hawaii statutes specifically prohibit parties to a rental agreement from waiving certain rights that are protected by law. Based on these regulations, which of these rights or prohibitions would either the landlord or the tenant be able to waive? Landlord's prohibition on the tenant's painting of a unit. Landlord's right to collect more than the statutorily allowed security deposit Landlord's right to reasonable property access Tenant's right to proper litigation in the case of a dispute

Landlord's prohibition on the tenant's painting of a unit.

What's the purpose of Hawaii's rent trust fund? Landlords are required to pay an annual fee to the fund, which is used to educate tenants about their rights. Landlords or tenants may request that rent be deposited into the trust fund if the court has been brought into a rent dispute. Landlords who don't wish to open their own trust account for security deposits may use this account. Tenants must pay any pre-paid rent into the trust fund to be disbursed to the landlord when due.

Landlords or tenants may request that rent be deposited into the trust fund if the court has been brought into a rent dispute.

Makani's 18-month, fixed-term lease expired on May 31, but he continues to live in the property with his landlord's permission. Which of these statements is true? Makani and the landlord are now operating under a month-to-month tenancy. Makani is an illegal holdover tenant since there's no rental agreement in place. Makani is subject to immediate eviction if the landlord chooses to do so. Makani can also legally terminate his occupancy with no notice. Since the landlord gave Makani permission to remain, Makani now has another fixed-term lease under the same terms as the previous lease.

Makani and the landlord are now operating under a month-to-month tenancy.

Which of these is NOT a statutory remedy available to a tenant who's been illegally locked out? Monetary damages equal to three times the rent Reimbursement of two months' rent Rental agreement termination Two rent-free occupancy months

Monetary damages equal to three times the rent

Select the scenario that best depicts constructive eviction in Hawaii. Kali begins legal eviction proceedings against her tenant who hasn't paid rent in two months. Martin enters his tenant's home and starts removing his tenant's possessions. Morgan has the gas and electrical service to his rental unit shut off to try to make his tenants move out. Ted evicts his tenants so he can construct a new addition kitchen/family room property addition.

Morgan has the gas and electrical service to his rental unit shut off to try to make his tenants move out.

While he was in Colorado for six months helping care for his parents, Christian leased his Maui home to Lenore. He collected a security deposit but didn't prepare a written lease or complete an inventory of property condition. He returned home to find that Lenore severely neglected the house, nearly destroying it. Is Christian legally able to retain Lenore's security deposit? No, because Christian didn't complete the inventory of property condition. No, because there was no written lease. Yes, because her lease prohibited her from damaging the property. Yes, if the rental agreement was for a period of less than a year.

No, because Christian didn't complete the inventory of property condition.

Hikialani moved out of the Lahaina condo that he'd been renting. Three weeks after he moved, his landlord sent him notice that part of his security deposit would be retained; the notice included receipts for repair to a window and a couple of holes in the wall. Has the landlord acted properly? No, because he has only 14 days to send notification and receipts. No, because Hikialani should have been given an opportunity to correct the issues himself. Yes. He can withhold funds for damage to the unit. Yes, since he sent receipts with the notification.

No, because he has only 14 days to send notification and receipts.

Lucas, a Honolulu landlord, has refused a request from a domestic violence victim to let her terminate her one-year lease early. Is he correct in refusing this? No, if she provided adequate notice and documentation from her physician. No. If the tenant provides documentation from the courts or the police, he must release her from the lease. Yes, if the rental agreement was for a period of less than a year. Yes, if the tenant didn't provide at least 21 days' notice of her intent to vacate the property.

No. If the tenant provides documentation from the courts or the police, he must release her from the lease.

Karen's landlord likes to inspect her property every four months or so to be sure she's taking good care of it. This gets on Karen's nerves, so when the landlord provides 48-hour notice to her that he's going to inspect, she makes sure she's home but refuses to let him in. Is she within her rights to do this? No. The landlord has the right to request reasonable access for the purpose of inspecting the property. No. The landlord must provide at least 72 hours' notice. Yes. The landlord is prohibited from entering the unit unless repairs are needed. Yes. This is unreasonable harassment.

No. The landlord has the right to request reasonable access for the purpose of inspecting the property.

Luann is renting an apartment in Kailua. She has a one-year, fixed-term rental agreement, and it ends on June 30. How many days' notice must she give to terminate the lease on that date? 30 45 60 None

None

The Sawarynskis are being foreclosed on after failing to make their mortgage payments for several months. In addition to the mortgage, they owe back property taxes, association fees, and a mechanic's lien. Which lien takes priority? Homeowners association Mechanic's Mortgage Property tax

Property tax

Krishna notified her landlord that the front door of her condo won't latch and lock. Her storm/security door works, but she'd like the added security of the inside door lock, too. On his way to repair the lock, the locksmith was involved in an accident. According to Hawaii statutes, what's the landlord's primary responsibility here? Hire a new locksmith. Notify Krishna when the locksmith is on his way to make the repair. Provide Krishna with a reasonable estimated repair date. Repair the lock himself.

Provide Krishna with a reasonable estimated repair date.

Ele, a property manager in Kapalua, understands that she can only pay for certain items from funds deposited in a trust account. Which of the following is a legal use of funds from the account? Administrative expenses for Ele's office Monthly invoice for building-wide internet service Repair of a damaged wall after the tenant in 3B moves out Weekly salary checks for the maintenance staff

Repair of a damaged wall after the tenant in 3B moves out

Sharla received an eviction notice from her landlord and quickly responded when the court sent her a summons. At the hearing, she told the judge about the malfunctioning water heater, producing documentation to prove that she'd told her landlord about it at least five times. What type of eviction challenge is this? Discrimination Environmental hazard Retaliatory eviction Self-help

Retaliatory eviction

Tenant Carson complains to landlord Mona about everything: the heat, the rent, the noise—everything. Finally, Carson files a valid complaint about pests in the unit. That's the last straw for Mona, who immediately begins eviction proceedings even though Carson has five more months on his lease. This is ______. Actual eviction because Mona is following procedures Constructive eviction because it stems from a tenant's complaint Legal self-help eviction because Mona is following proper procedures Retaliatory eviction, and it's illegal

Retaliatory eviction, and it's illegal

In which of these circumstances would the landlord be required to begin repairs within three business days of being notified of the issue? Sparks fly from the kitchen light every time it's turned on. The kitchen sink won't drain. The oven doesn't operate correctly. There's a small plumbing leak under the kitchen sink.

Sparks fly from the kitchen light every time it's turned on.

Jacob owns rental property on Maui but lives in Arizona. He must designate an agent to act on his behalf. Which of these statements best describes this requirement? The agent must be a professional property management company. The agent must live in the Hawaiian Islands. The agent must live on Maui. The agent must live within 15 minutes of the property.

The agent must live on Maui.

John and Lei are in a dispute over a rent increase. John requests that rent be deposited into Hawaii's rent trust fund. What amount of rent must Lei deposit? The amount agreed to in the original rental agreement The amount that includes the rent increase The original amount plus 10% of the proposed increase The original rent payment plus 50% of the proposed increase

The amount agreed to in the original rental agreement The tenant must pay only the original rent amount when a dispute arises over a rent increase and the court has been asked to intervene.

Eva Marie noticed a small spot on the ceiling that appeared to be caused by a roof leak. The spot grew steadily, but Eva Marie didn't notify her landlord. By the time the landlord discovered the issue, the leak had caused major damage to the roof and one wall of Eva's apartment. Based Hawaii landlord-tenant laws, which of these statements about the landlord's rights is FALSE? The landlord can bill Eva Marie for the cost of repairs. The landlord can seek to immediately terminate the rental agreement. The landlord can sue Eva Marie because she didn't perform the repairs herself. The landlord has the right to expect that a tenant will report maintenance issues that need repair.

The landlord can sue Eva Marie because she didn't perform the repairs herself.

The Kauai Development Group, which owns Kauai Hilltop Apartments, has decided to convert the property to condominiums. They've provided the existing month-to-month tenants with a 45-day written notice. Based on landlord-tenant laws, the tenants have filed a grievance with the Department of Commerce and Consumer Affairs. What's the most likely reason? By law, the tenants have the first right of refusal to purchase the unit they're currently renting. It's illegal for the landlord to convert the property until all existing leases have terminated. The landlord didn't provide the required 120-day notice. They're protesting the property conversion

The landlord didn't provide the required 120-day notice.

Bane's tenant has made frequent complaints regarding the landlord's failure to properly maintain the condo unit. Bane begins eviction proceedings against the tenant. Under Hawaii's retaliatory eviction regulations, which of these circumstances can the landlord NOT use as a reason for eviction? The landlord has a contract to sell the property. The landlord is going to completely remodel the property. The landlord's son is going to move into the property. The tenant keeps a dog as a service animal.

The tenant keeps a dog as a service animal.

Keifer has decided to retain a portion of his latest tenant's security deposit for damages to the unit. For which of these reasons may he lawfully do so? The carpet is worn in high traffic areas. The tenant kept a pet in the unit without permission. The tenant left owing money for utilities. The window curtains faded from the sun.

The tenant left owing money for utilities. Landlords may retain deposits for damage beyond normal wear and tear or utilities the tenant was supposed to pay but didn't. If the pet didn't cause any damage, it's too late for the landlord to penalize the tenant for keeping the pet.

Jerrica just signed a lease agreement with Trevor, who owns several Kauai condos. Which of these statements regarding this lease is FALSE? Jerrica can elect to use her cancelled checks as receipts. Trevor is prohibited from providing Jerrica with his GET number. Trevor must provide Jerrica with a copy of the lease agreement. Trevor must provide Jerrica with the owner or owner's agent's contact information.

Trevor is prohibited from providing Jerrica with his GET number.

A Hawaii landlord has set the monthly rent for a residential unit at $1,850. What's the maximum amount the landlord can require for a security deposit? 85% of the monthly rental amount An amount equal to the monthly rental amount As much as he wants Twice the monthly rental amount

Twice the monthly rental amount If the tenant is permitted to bring a pet, the landlord may charge twice the monthly rental rate as a deposit.

Which of these statements about security deposit-related deadlines is true? A landlord who's mailing notice of security deposit funds to be withheld must mail it in time for the tenant to receive it within the 14-day time frame. A tenant who intends to file suit to demand security deposit return must do so within 180 days. Landlords may elect to accept a security deposit as rent if the tenant provides at least 60 days' notice to vacate. When an owner sells a property that's subject to a lease agreement, the new owner has 20 days to notify tenants of the security deposit transfer.

When an owner sells a property that's subject to a lease agreement, the new owner has 20 days to notify tenants of the security deposit transfer. When property subject to a lease is sold, the buyer must abide by any existing lease agreement and notify tenants within 20 days of the amount of security deposit that the previous owner transferred to the new owner.

Deshi owns a rental unit in Kapolei. His son is getting married, so he evicts his tenants so his son and new daughter-in-law can move into the house. Is this legal? It's legal, but only under a fixed-term tenancy. It's legal if his tenants are under a month-to-month tenancy. No. He must wait for the rental agreement to expire. Yes, because he'll be using the unit for occupancy by immediate family.

Yes, because he'll be using the unit for occupancy by immediate family.