My question involves landlord-tenant law in the State of: Hawaii
Thanks in advance for your reply.
A tenant vacated their rental property on June 3rd. The home was left in excellent condition. The property manager met tenant on June 3rd (move out day) and said the house looked great but one room needed additional carpet cleaning and one wall needed touch up paint. The property manager told tenant a couple days later that the additional carpet cleaning was going to be $200 and the painting was going to be $20 extra. Tenant agreed to these amounts and then expected the balance of the security deposit to be refunded within Hawaii state law's 14 day period. The security deposit was not refunded within the 14 days and still has not been refunded (39 days since property was vacated). Today, July 11th, the property manager says he will be deducting an additional $500 for a small stain in the carpet that he didn't notice previously. Tenant told the property manager that the security deposit should have already been mailed out and the property manager told tenant that he notified tenant within the 14 days (via email) that there were additional items that required work (the stains on the carpet) therefore, the property manager was entitled to an additional 30 days extension to refund tenants security deposit and was entitled to deduct the additional $500 to repair the carpet. Tenant disputes the stain in the carpet and believes the stain would normally be considered wear and tear due to its small size and the fact that the carpet was not new when tenant moved in. Tenant also disputes the claim that the property manage sent an email notifying tenant that there was going to be an additional charge of $500. The tenant believes an email was fabricated to look like it was previously sent, and tenant has NO record of this email.
Is the property manager allowed an extension of an additional 30 days to hold tenant's security deposit? If so, what protocol should the property manager take (or should have taken)?
What is tenant entitled to in terms of security deposit refund?
What laws is the property manager in violation (if any)?
If property manager does not refund the security deposit, and there is a dispute over the charge for $500 for small stains, what happens next? How long does tenant have to wait? When will tenant receive the security deposit refund?
Is the property manager in automatic default and is tenant entitled to payment of some sort regardless of the "he said she said"?
tenant doesn't want to upset property manager with a dispute in fear that property manager will continue to find things to further reduce the security deposit.
Original security deposit amount was $4,100.
Thanks,
Thanks in advance for your reply.
A tenant vacated their rental property on June 3rd. The home was left in excellent condition. The property manager met tenant on June 3rd (move out day) and said the house looked great but one room needed additional carpet cleaning and one wall needed touch up paint. The property manager told tenant a couple days later that the additional carpet cleaning was going to be $200 and the painting was going to be $20 extra. Tenant agreed to these amounts and then expected the balance of the security deposit to be refunded within Hawaii state law's 14 day period. The security deposit was not refunded within the 14 days and still has not been refunded (39 days since property was vacated). Today, July 11th, the property manager says he will be deducting an additional $500 for a small stain in the carpet that he didn't notice previously. Tenant told the property manager that the security deposit should have already been mailed out and the property manager told tenant that he notified tenant within the 14 days (via email) that there were additional items that required work (the stains on the carpet) therefore, the property manager was entitled to an additional 30 days extension to refund tenants security deposit and was entitled to deduct the additional $500 to repair the carpet. Tenant disputes the stain in the carpet and believes the stain would normally be considered wear and tear due to its small size and the fact that the carpet was not new when tenant moved in. Tenant also disputes the claim that the property manage sent an email notifying tenant that there was going to be an additional charge of $500. The tenant believes an email was fabricated to look like it was previously sent, and tenant has NO record of this email.
Is the property manager allowed an extension of an additional 30 days to hold tenant's security deposit? If so, what protocol should the property manager take (or should have taken)?
What is tenant entitled to in terms of security deposit refund?
What laws is the property manager in violation (if any)?
If property manager does not refund the security deposit, and there is a dispute over the charge for $500 for small stains, what happens next? How long does tenant have to wait? When will tenant receive the security deposit refund?
Is the property manager in automatic default and is tenant entitled to payment of some sort regardless of the "he said she said"?
tenant doesn't want to upset property manager with a dispute in fear that property manager will continue to find things to further reduce the security deposit.
Original security deposit amount was $4,100.
Thanks,
Security Deposits: Security Deposit Hasn't Been Refunded
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