Moved out due to safety issue about landlord

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screwedrenter

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First off I know I should have gotten things in writing - I didn't know that before since I never had this problem before; but staying was unsafe. There was barely more than 30 days left on the lease..
Landlord and family members harassing my live in girlfriend.
Big problem about parking at the house we rented; driveway spot next to landlords store. He stated the driveway entrance is part of his loading zone and the curb in front of our house - NONE OF THIS WAS MENTIONED WHEN WE LOOKED AT THE HOUSE.
They would come out screaming at my girlfriend who is a tenant also about parking in front of the house. One family member duck taped her car door shut and while this 95 lb woman struggled to peal this off her car he was standing next to her screaming at her. She is very afraid of these people. I called the city and an inspector came out; told them they have an illegal loading zone and it can't include a driveway even if they own it. Next day nasty note was shoved under kitchen door stating anymore incidents - inspectors they will block off the driveway.
Now this is the only parking spot usable we have. They block it off we have no where to park our car.
The landlord a few days later showed up in our kitchen door shaking in rage and pissed off due to the city inspector coming to the property.
He stated that driveway and parking spot is his to do with as he pleases and I pointed out where do we then park since you advertised that spot as the parking for the house; he replied he did not and I showed him his original ad. He got even more mad and was shaking. He then stated to me, my girlfriend and in the presence of witness to quote; " your lease is almost up you can move anytime".. He did this multiple times and told us to move; get out. I replied you are telling us to move out? yes.. I responded okay we are moving out..

The house wasn't cleaned when we moved in it - he didn't clean it like he said he would; it was a pig sty and we had to spend many hundreds of dollars cleaning and painting it as well as repairing allot of termite damage to the front door to make it secure.
The power had not been turned on to the house and found out the previous renters hadn't paid the bill and we went with no power for two days working to straighten that out.
We then found out when we had power the drop in stove top - over 50 years old was broken. Landlord was told about it; he did nothing, I had to buy another and install it $150.
Many more required repairs at my expense also.
Now he is suing us and claiming no notice was given despite mentioned above.
I had contacted the police about what they were doing to my girlfriend and their response it is a civil matter.
He is claiming all of the security deposit 1400.00, (no receipts or invoices ) 100.00 to clean six windows, 200.00 for removing trash - there is no trash period, 50.00 for a deadbolt for a high security screen door I paid for (200.00), 650.00 in additional rent, 100.00 to put the broken stove back??? He knew about the stove replacement for over 9 months we told him and he was in the kitchen trying it out.
We took move in video and move out video of the house.
There was no move in inspection done by the landlord and much more.
We scrubbed the heck out of the torn up wood floors to try and remove all the dirt and grease; he never refinished the floors like he said he would.
We were never late on the rent.
We did not make the decision to move out lightly; but we believed we had no choice; for safety and peace of mind. Also when we met him to give him the keys he called me out to fight with him physically..
So what are our options?
 
Is he actually suing you, threatening to sue you or simply keeping your security deposit?

If suing you, you will get notice of a court date. Make certain you show up to court to present your evidence that he agreed to allow you to move out and to show the condition of the rental unit via your video. See if your witness will agree to testify that the landlord stated you can move out early.

If you fail to show up for the court date, your landlord will win the judgement.

Gail
 
thanks from screwedrenter

Yes he is suing us; he served us yesterday 02/16/2010..
Thing I am finding out is there is a 14 day time limit from him getting the keys 01/11/10 in keeping the deposit and/or filing for damages. Am I correct in that? Landlord-tenant handbook Section (44)c. If I am correct the deadline was 01/25/2010.
The witness and video will be taken to court. Any idea what format the video should be in?

Is he actually suing you, threatening to sue you or simply keeping your security deposit?


If suing you, you will get notice of a court date. Make certain you show up to court to present your evidence that he agreed to allow you to move out and to show the condition of the rental unit via your video. See if your witness will agree to testify that the landlord stated you can move out early.

If you fail to show up for the court date, your landlord will win the judgement.

Gail
 
What you seem to be asking is the time limitation when the landlord must provide you with information regarding the status of your security deposit.

Attached are the landlord/tenant laws in Hawaii regarding this matter. Pay particular attention to the issue of "abandonment" and security deposits as this is likely what the landlord will claim:

http://www.landlord.com/lawresoverview_hawaii.htm

However, the 14 day limit does not include when a landlord can actually file a claim against you.

Call the clerk of court to find out information regarding presenting a video at the time of the hearing.

Gail
 
14 day time limit

Thanks for your help; I will be calling the court tomorrow.
The section (44)c regarding 14 day limit is when the landlord is claiming all or part of a security deposit. They have within 14 days of termination 01/11/2010 to 01/25/2010 to send you a notice and proof receipts, invoices, etc. They don't then they have to return the whole deposit. He told us to move the begining of dec.09 and we gave him the keys on the 01/11/10 due to him being very hard to reach.
I'll read the section you mention and see what I find; all he has claimed is no notice and I can prove he gave "verbal notice" I know I know it wasn't in writing and didn't know the rules of this nasty game. Where I come from a mans word is better than paper; appears that isn't the case anymore.

What you seem to be asking is the time limitation when the landlord must provide you with information regarding the status of your security deposit.

Attached are the landlord/tenant laws in Hawaii regarding this matter. Pay particular attention to the issue of "abandonment" and security deposits as this is likely what the landlord will claim:



However, the 14 day limit does not include when a landlord can actually file a claim against you.

Call the clerk of court to find out information regarding presenting a video at the time of the hearing.

Gail
 
situation update

Sorry for long winded posting; but I thought it might help some one else.
This "landlord just committed perjury by filing false lawsuit. The drop in stove amount $100.00 to put the "old" stove back was never done as he claims. The replacement stove I had to buy and install is still there and being used by the new renters. They let me take a video and pictures of the kitchen showing the stove top and them in it also giving their names. We are going to let this evil person dig their own hole in front of the judge next week then nail him after I ask him about his claimed expenses.


First off I know I should have gotten things in writing - I didn't know that before since I never had this problem before; but staying was unsafe. There was barely more than 30 days left on the lease..
Landlord and family members harassing my live in girlfriend.
Big problem about parking at the house we rented; driveway spot next to landlords store. He stated the driveway entrance is part of his loading zone and the curb in front of our house - NONE OF THIS WAS MENTIONED WHEN WE LOOKED AT THE HOUSE.
They would come out screaming at my girlfriend who is a tenant also about parking in front of the house. One family member duck taped her car door shut and while this 95 lb woman struggled to peal this off her car he was standing next to her screaming at her. She is very afraid of these people. I called the city and an inspector came out; told them they have an illegal loading zone and it can't include a driveway even if they own it. Next day nasty note was shoved under kitchen door stating anymore incidents - inspectors they will block off the driveway.
Now this is the only parking spot usable we have. They block it off we have no where to park our car.
The landlord a few days later showed up in our kitchen door shaking in rage and pissed off due to the city inspector coming to the property.
He stated that driveway and parking spot is his to do with as he pleases and I pointed out where do we then park since you advertised that spot as the parking for the house; he replied he did not and I showed him his original ad. He got even more mad and was shaking. He then stated to me, my girlfriend and in the presence of witness to quote; " your lease is almost up you can move anytime".. He did this multiple times and told us to move; get out. I replied you are telling us to move out? yes.. I responded okay we are moving out..

The house wasn't cleaned when we moved in it - he didn't clean it like he said he would; it was a pig sty and we had to spend many hundreds of dollars cleaning and painting it as well as repairing allot of termite damage to the front door to make it secure.
The power had not been turned on to the house and found out the previous renters hadn't paid the bill and we went with no power for two days working to straighten that out.
We then found out when we had power the drop in stove top - over 50 years old was broken. Landlord was told about it; he did nothing, I had to buy another and install it $150.
Many more required repairs at my expense also.
Now he is suing us and claiming no notice was given despite mentioned above.
I had contacted the police about what they were doing to my girlfriend and their response it is a civil matter.
He is claiming all of the security deposit 1400.00, (no receipts or invoices ) 100.00 to clean six windows, 200.00 for removing trash - there is no trash period, 50.00 for a deadbolt for a high security screen door I paid for (200.00), 650.00 in additional rent, 100.00 to put the broken stove back??? He knew about the stove replacement for over 9 months we told him and he was in the kitchen trying it out.
We took move in video and move out video of the house.
There was no move in inspection done by the landlord and much more.
We scrubbed the heck out of the torn up wood floors to try and remove all the dirt and grease; he never refinished the floors like he said he would.
We were never late on the rent.
We did not make the decision to move out lightly; but we believed we had no choice; for safety and peace of mind. Also when we met him to give him the keys he called me out to fight with him physically..
So what are our options?
 
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