How much of an eviction notice should my landlord give me if they are terminating my lease?

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How much of an eviction notice should my landlord give me if they are terminating my lease?

I am in a month-to-month lease. Part of the rules I signed said there shall be no overnight quests. She saw that I had a quest one night and now wants to terminate my lease. My rent is already paid for this coming month. How long does she have to give me to move out?

Asked on July 31, 2011 Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In HI landlords and tenants have the right to terminate a non-fixed period lease with written or verbal notice. The right to terminate a month-to-month lease is granted provided a landlord gives a tenant 45 days advanced notice. The tenant is lawfully permitted to vacate the dwelling in question at any point during that 45-day period and can pay rent pro-rata.

Note: If your security deposit, if any, becomes an issue landlords and tenats both have certain rights. Landlords have the right to keep such a deposit in lieu of unreturned keys, cleaning costs, unpaid rent and accidental or intentional damages incurred by the tenant. Otherwise a tenant has the right to the full return of their security deposit, plus interest.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In HI landlords and tenants have the right to terminate a non-fixed period lease with written or verbal notice. The right to terminate a month-to-month lease is granted provided a landlord gives a tenant 45 days advanced notice. The tenant is lawfully permitted to vacate the dwelling in question at any point during that 45-day period and can pay rent pro-rata.

Note: If your security deposit, if any, becomes an issue landlords and tenats both have certain rights. Landlords have the right to keep such a deposit in lieu of unreturned keys, cleaning costs, unpaid rent and accidental or intentional damages incurred by the tenant. Otherwise a tenant has the right to the full return of their security deposit, plus interest.


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