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rentershelp
Oct 3, 2011, 10:21 AM
I share a month-to-month lease with my roommate. He has invited a friend to move in and take my place on the lease that I do not want off from. I have asked the friend to no longer stay at our place because we are trying to settle our lease agreement. I was told not to talk to the friend any longer.
Our lease states that no one may stay at the unit longer than 14 days without written permission from the landlord. It has been longer than 14 days.
What steps must I take to secure my residence at the unit and if need be (which I would prefer) take my roommate off from the lease? He has been researching how to get me off the lease and I am worried that I may get sideswiped by being evicted.
This is happening in Hawaii and I am unable to find any information about roommate-removal laws for this state. Any information or advice would be greatly appreciated.

AK lawyer
Oct 3, 2011, 10:43 AM
...
This is happening in Hawaii and I am unable to find any information about roommate-removal laws for this state. ...

That is because there are, to my knowledge, no such things as 'roommate-removal laws", in Hawaii or elsewhere.

Unless either or both of you are in violation of your lease, the landlord cannot evict you other than as provided in the lease. I am not sure what you mean by a month-to-month lease, normally a month-to-month situation is a tenancy at will. One apparent violation is the fact that this friend of your roommate is in the premises without the landlord's permission. But it would be up to the landlord, not your roommate, to institute eviction proceedings. Your roommate would not be able to do this.

If you are able to pay the entire monthly rent, or if you can find a suitable new roommate, I suggest you talk to your landlord about evicting your room-mate and friend.

rentershelp
Oct 3, 2011, 10:49 AM
Thank you for the quick and concise respone. I'll post what the landlord says.