Question about selling a rental home in Hawaii

[dirk1609]

We currently have a home on the Big Island we were unable to sell before we left the island. We have a renter in it with a long contract. We somehow managed to meet a person on the mainland that wants to buy the home with the long contract unchanged. We gave the renter over 4 days notice that a home inspecter would be coming out to inpect the home for the possible sale. We also let her know that we would not sell the home unless the contract remained as we both signed it so that she would not be affected. I even offer to pay the full cost of something that we were going to split the cost of. A savings of $75.00 or so. The renter is very unhappy but says the inspecter can come out however they can not photograph the inside of the home or the lanai. Can she do this? This may very well kill the sale of the home if the inspecter is not allowed to photograph the inside of the home for the report. Any laws I can quote or am I up a creek?

Another question. The home has a gravel driveway that goes up a hill. When the home was rented the driveway had new gravel poured and was smoothed out and packed down, May this year. In the contract it was stated that we would not be responsible for driveway maintance. With the recent storm the driveway was damaged. The renter wants it repaired. Are we responsibe for repairing it?

What maintance is the tenant responsibe for? Gutters cleaning? Catchment tank cleaning? She seems to have a monthly list of things she wants us to take care of.

We actually wanted to refi the home to get our payments down as we currently rent it for over $200 less than our mortage costs. However Wells Fargo, our lender, will not loan on a Lava zone 2 property anymore. Makes no sense here but im sure a computer somewhere has a very good reason.

This ordeal is getting very stressfull.
Thank you

[John S. Rabi]

It's your home, all you need is to give her 48 hours notice to get in. She can't prevent you to take pictures of your own home, inside or out. The lease can be transferred from one owner to another. You have to maintain the home in the same condition as it was at the time of the inspection and the buyer has the right to do a final walk through inspection before the closing. If anything changed between the two inspections you are responsible to fix it.

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)

[dirk1609]

Thank you
It wont be me taking the pics it will be a lic home inspecter as chosen by the title company.
I actually just found this as well on the Hawaii consumer protection site regarding landload access. I really hope her ignorance doent distroy the sale of the home.

Under Hawaii law, the landlord has the right to enter the rental unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements. The landlord can also enter the unit to supply services as needed and exhibit the dwelling to prospective buyers or tenants.

However, before the landlord enters the premises, the landlord must provide the tenant with two days' notice, preferably in writing. In addition, and most importantly, the landlord can only enter the premises with the tenant's permission. However, Hawaii law prohibits the tenant from unreasonably withholding his or her consent to enter. The landlord can hold the tenant liable for any resulting damages caused by the tenant's unreasonable withholding of consent.


Also when it comes to the driveway the renter wants us to repair it even though it is stated in the contract that we are not responsible for driveway maintance. Sorry about the original comment that made it appear that the driveway concern was with the sale of the home.
Made some changes to the original post.

THANK YOU!

[John S. Rabi]

"Landlord" or "The Representative of The Landlord" is the same thing. You should check out the "Hawaii Landlord-Tenant Code" for more info. If the lease specifies that you are not responsible for the driveway maintenance than I assume it also specifies it is the responsibility of the tenant. Of course the "maintenance" word could be an issue, since there is a difference between regular maintenance and a repair of a damage. It could fall under the latter, but I don't want to play lawyer![][][]

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)

[missydog1]

quote:

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The landlord can hold the tenant liable for any resulting damages caused by the tenant's unreasonable withholding of consent.

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Have you informed the tenant in writing that if she causes the sale to fall apart that you can sue her for the economic damages incurred by her unreasonably withholding permission for the inspector to enter? (not legal advice: you look at the code or ask attorney if that is reasonable interpretation.)

quote:

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The home has a gravel driveway that goes up a hill. When the home was rented the driveway had new gravel poured and was smoothed out and packed down, May this year. In the contract it was stated that we would not be responsible for driveway maintance. With the recent storm the driveway was damaged. The renter wants it repaired. Are we responsibe for repairing it?

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I am not playing lawyer either, but as a lay person I would think that damage from a storm is the owner's responsibility. The owner should have insurance to cover such damage, or be prepared to make repairs out of pocket.

A tenant doesn't take on the responsibilities of a homeowner except in unusual agreements where the rent is minimal and includes a certain amount of work trade as part of the monthly arrangement.

Gravel on a hill doesn't really work, does it? I think that unless you pour concrete you can expect that to self-destruct.

quote:

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What maintance is the tenant responsibe for? Gutters cleaning? Catchment tank cleaning? She seems to have a monthly list of things she wants us to take care of.

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That sort of thing should be spelled out in your rental contract.

Honestly, for the many years that I was a renter, I wasn't expected to do anything to maintain the rental other than not to trash it and to notify the landlord of any necessary upkeep that might be needed in order to prevent problems. It's your home, not the tenant's. Some temants like to do basic maintenance under the theory that they pay below market rent and don't want it raised. If the rent is at market level, the tenant probably doesn't want to do much.

As a landlord, you have the choice between doing things to your property regularly, and keeping it up, or doing the slum landlord thing where you do nothing and the property depreciates. There are certain standards for how little you can do. I think it is your responsibility to provide utilities. For example, if a hot water heater fails, you need to repair it. I would expect my landlord to keep a catchment tank clean, as part of the responsibility to provide clean water.

That said, I've never rented a house with catchment, so I don't know what the arrangement is typically. All I know is that I would not rent such a house if I had to maintain the catchment, just wouldn't be interested.

One of the few up sides to renting over owning is the freedom from responsibility for home maintenance.

Your repair expenses may be tax deductible from the income earned on the rental. It's been four years since I did a return with a rental, so I don't remember all the ins and outs of repairs, improvements, and depreciation, but I seem to remember it was.

Check the handbook out though; it's very good.

[JerryCarr]

I'm no lawyer, either, but I agree with Kathy that storm damage to the driveway seems like the landlord's responsibility despite any exclusions in the rental agreement. My rationale is that the agreement could be interpreted as the tenant being responsible for routine upkeep due to normal wear and use. Storm damage would be exceptional and not the tenant's responsibility. FWIW, it seems clear that the tenant is required to allow the inspector on premises with proper notice.

[dirk1609]

thank you

I dont wish to make threats to her at this point. I have spoken to the inspecter and told him that if access is not allowed somewhere, to call me. I will read the laws and possibility of a legal issues to her at that time.

The storm damaged driveway worries me as I see us getting a call everytime it rains asking us to repair to repair the driveway. I Will start looking into a better fix for the driveway as it appears it will be a constant issue.

[missydog1]

I don't think it is a threat to explain that a landlord has the right to have an inspection done, and that she could cost you a sale.

I would think that refusing to allow you a properly noticed inspection could be grounds for you to terminate the rental contract. Does she not realize that there are certain things that tenants don't get to dictate?

I would be leery of having a tenant who doesn't have a basic grasp of these things.

You have the right to make appointments to have prospective buyers come through the property as well. They may want to take pictures as well.

I have been in her position numerous times, and I understand the unhappiness one can feel at the loss of privacy. In fact, I bought my first home because I was sick of renting houses that were put on the market shortly after I moved in, and having to show them.

This tenant is really lucky that you have a buyer who is happy with the lease, and that she doesn't need to show the house to a stream of buyers. If you lose this, that could happen. I think the tenant is shooting herself in the foot by not cooperating.

[dirk1609]

with the last few emails from her and after speaking to my handyman that makes repairs I am VERY concerned that I have a crazy person in my house. We have told her five plus times that the contract is part of the sale, the buyer wants that and so do we. However she still says how we have no intention of keeping the lease intact and just threatened in a email to take legal action for the remaining 4 1/2 years of the lease. After I mentioned that she must give access under Hawaii state law she is now very upset and says she may or may not be there and that the inspecter will not be able to take any photos. I will call Hawaii consumer protection today. This is terrible doing this from the mainland without the income to just fly over and take care of things. Even though I have no idea what I could even do if I was there.

[DanielP]

In a situation as this, I generally do not like using email. It is much better to do this by telephone. Convince her that it is her best interests to be cooperative.
Do you have a spare set of keys to the house that you can send to the inspector?
The behavior of your tennant could actually be a violation of the lease making the lease voidable from your position.