10-07-2016, 05:09 PM
Punatic, restraining orders are not lightly given in Hawaii. To do so, there would need to be proof that the landlord is experiencing extreme duress or harm caused by the renter (I have never heard of a restraining order given over financial harm, nor of a good-for-nothing living in a home, if so, many spouses & children could have the same fate!....this is tongue & cheek, but would be a truth too).
The original poster mentioned no extreme duress or harm... (even mental harm is very hard to get orders of restraint)
Fudging is not a good way to deal with people & at this point, many posters here are making statements that could put the landlord in greater danger, esp. if the renter has family/friends on island that are more than willing to behave as Lunatics is suggesting
And as to a sympathetic judge... if the landlord were incapable of making sound decisions (or the judge, based on the evidence, believes this to be the case), the judge could request that a competency hearing be made & if the landlord is deemed incapable, this landlord may lose control of much more that an upstairs apartment the tenant is living in for the time it takes to legally deal with this issue...
Also the cost of this case could be borne by the landlord if the judge does not have sympathy, or the landlord is deemed capable... that could include reimbursing the tenants court cost....
Again, at the time the renter moved in, the landlord showed the mental capacity to interview and check references.... showing that at that time the landlord was cognizant of potential pitfalls and was doing due-diligence.... hard to overcome that...and could be used as proof that both parties were aware of the tenancy they were creating...
The original poster mentioned no extreme duress or harm... (even mental harm is very hard to get orders of restraint)
Fudging is not a good way to deal with people & at this point, many posters here are making statements that could put the landlord in greater danger, esp. if the renter has family/friends on island that are more than willing to behave as Lunatics is suggesting
And as to a sympathetic judge... if the landlord were incapable of making sound decisions (or the judge, based on the evidence, believes this to be the case), the judge could request that a competency hearing be made & if the landlord is deemed incapable, this landlord may lose control of much more that an upstairs apartment the tenant is living in for the time it takes to legally deal with this issue...
Also the cost of this case could be borne by the landlord if the judge does not have sympathy, or the landlord is deemed capable... that could include reimbursing the tenants court cost....
Again, at the time the renter moved in, the landlord showed the mental capacity to interview and check references.... showing that at that time the landlord was cognizant of potential pitfalls and was doing due-diligence.... hard to overcome that...and could be used as proof that both parties were aware of the tenancy they were creating...