FundRobot » Trust Funds » How do i legally evict tenants who haven't paid rent in over 8 mos. in oahu hi?

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Default legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

legally evict tenants who haven't paid rent in over 8 mos. in oahu hi. legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

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Default legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

Contact a lawyer.
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Default legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

It's a pain in the ass. Check out my link to find out the normal process. Now, I also suggest taking them to court for the money. If they can't pay, they go to jail.

Either way you go, expect them to be pissed.
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Default legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

If the property is insured, you could always arrange for something to happen, like a fire!
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Default legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

Since you obviously don't know how to be a landlord, I would strongly suggest you hire a flat rate eviction attorney.

Why have you permitted these people to remain in your property without paying rent for 8 months?
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Default legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

8 months. Sorry, but you have been screwed.

On the FIRST day of the first month the rent was late you should have started the eviction process. I would talk with a lawyer at this time.
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Default legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

sounds like you have not gone through real estate school!

there is proper paperwork that you must follow before you can evict a tenant. I begin the eviction process the beginning of the second month they are late- the first month they are late I send out delinquent notices, keep record of them , after no pay send another letter threatening they will be going into eviction, if no pay again, send the 3rd letter SAYING you will begin the eviction process. if still no pay Send a Cease letter and a Notice to Quit...you will need all these notices if you intend to stand a chance in court against the tenants. Remember this, the court usually always sides with the tenant UNLESS you have the proper paperwork stating that you have made an attempt to collect the monies.
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Default legally evict tenants who haven't paid rent in over 8 mos. in oahu hi

Hire an attorney is my advice, but if you want to try it on your own......

Failure to Pay Rent - Section 68(a).
The landlord may demand payment of rent anytime after it is due. The landlord may notify the tenant in writing that unless payment is made within five business days after tenant receives the notice, the rental agreement will be terminated. If the tenant does not pay the past-due rent in full after receiving the landlord's notice, the landlord may sue to evict the tenant. (It is suggested that the landlord provide notice to the tenant by certified mail or by hand delivery. If this is not possible, the law allows the landlord to post a notice in a conspicuous place on the dwelling unit.)

Court Action for Rent Payment - Sections 68(b). The landlord may sue for rent alone
anytime after demanding payment of past-due rent and notifying the tenant of the
landlord's intention to bring such action.

Rent Trust Fund - Section 78. After court action involving a dispute concerning the
payment or nonpayment of rent has been initiated, the Code provides that, upon
request of either the tenant or the landlord, the court shall order the tenant to pay the
disputed rent to the court as it becomes due.

A. If a rent increase is in dispute, the court shall order the tenant to deposit into
court the amount of the rent prior to the increase.

B. The tenant need not make such payments to the court if the tenant can show that
the rent has already been paid to the landlord or a written agreement exists
between the parties providing that rent can be withheld or deducted.

C. If the tenant fails to comply with the court's order to make payments to the Rent
Trust Fund, the landlord shall be entitled to a judgment for possession. Execution
will be issued accordingly, and the tenant and the personal property of the tenant
shall then be removed from the premises by the appropriate officials.

D. The court can pay the landlord out of the Rent Trust Fund if the court determines
that rent was not paid. It may pay the tenant if rent was paid or properly withheld
or deducted.

E. A party acting in bad faith shall be liable for reasonable interest on the rent
deposited with the court.

This is a process you can do yourself (check link below) but I'm going to assume that, after eight months, you're not really sure how to go about it. Therefore, it's my recommendation that you hire a professional (see other link below) who does this for a living.
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