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If a landlord wants tenants to move out, and the lease has long expired, and the tenants pay their rent on time and have never missed a payment, how difficult is it to get them to move out if they don't want to move.
I am asking for a neighbor who does not have internet.
Thanks in advance!
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No matter how well the tenants have paid, they will have to move eventually, especially with no lease in effect. It requires formal notice from the landlord to vacate, and if the tenants resist, an eviction can be a lengthy process in Hawaii. Still, they will be forced to move at some point, probably within two to three months. My advice to your neighbor would be to start looking for somewhere to move now.
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TERMINATION OF TENANCY
Month-to-Month Tenancy - Section 71. When the tenancy is month-to-month, either the landlord or the tenant may terminate the rental agreement, provided proper notice is given. It is not necessary to give any reason for the termination.
A. Landlords. When it is the landlord who wishes to terminate the tenancy, the landlord must give the tenant written notice no less than 45 days before the anticipated termination date. The tenant may vacate the unit at any time within the last forty-five day period and is responsible for payment of prorated rent for the period that the premises are occupied and for notifying the landlord of the day of vacating.
In the following circumstances, a longer notice period is required. A 120-day written notice is required when the landlord contemplates:
Voluntary demolition of the dwelling unit.
Conversion of the unit to a condominium.
Conversion of the unit to a transient vacation rental. The tenant may vacate the unit at any time within the 120-day period and is responsible for payment of prorated rent for the period that the premises are occupied.
B. Tenants. When it is the tenant who wishes to terminate the tenancy, the tenant must give the landlord written notice no less than 28 days before the anticipated termination date. The tenant is responsible for payment of rent through the date stated in the termination notice, or through the date it is rerented, whichever comes first.
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Thank you Chunkster and lavalava. Yes, they will have to move eventually, and it sure sounds better if they do so within the notice period given by the landlord. I will let them know.
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Notice has to be in writing. Minimum 45 days notice.
If the tenants are difficult you should have the letter signed for ,certified mail so you have proof of the delivery date. Maybe even notarized.
One Thing I can always be sure of is that things will never go as expected.