I have a one year lease on a home. I asked a roommate to leave over extreme inconsiderate/rude behavior as well as negligent behavior that put the safety of one of my pets at risk. He has refused to acknowledge/apologize for his behavior and I would like to force him out.

Details: He is not on the lease. Technically, he is on an oral month to month agreement but we did discuss his plan to leave in Jan 2012.

If someone can help me with the following questions, I would be most appreciative:

Am I right to assume that because he is not on the lease (I am the sole lease signer) and we do not have a sub lease, or any written agreement, he only has rights as a tenant?

In my notice to quit, should I list reasons?

Does HI law require 30 or 45 days? I think I could argue cause for removal and issue a five day notice, but I'm hesitant to be that forward leaning.

I have explained the situation to the landlord, but I wonder what my obligations are under the law?

Thank you very much.

You are considered a sublandlord and your roommate is considered a subtenant. Since this is a month-to-month tenancy you have to give your subtenant 45 days written notice that his tenancy is terminated and he must vacate the property. You are not required to give him a reason for the termination of his tenancy.

If he does not move out within the 45 day period then you have to file a lawsuit for eviction.

You can read about Hawaii's Landlord/Tenant laws at http://hawaii.gov/dcca/ocp/landlord_tenant/landlord-tenant-handbook.pdf

Good luck!

Lisa, thank you very much for the reply. The roommate is claiming that only the landlord/property manager can give him the written notice. Is that true?

Lisa, thank you very much for the reply. The roommate is claiming that only the landlord/property manager can give him the written notice. Is that true?

Nope. Your roommate is wrong. You are the sublandlord and have the right to give them the notice. If you want them out then I suggest that you give them that written notice immediately. Make sure you save a copy!

Good luck!

Lisa is correct. The subtenant's relationship is with you. They have no relationship with your landlord at all. The only way he would be correct is if he's on the lease. Give him the written notice immediately. If he wants to argue the validity tell him he can do so in court when you file for an eviction.

Thank you very much to Lisa, but also Scott and ballengerb1 for your feedback. It is most appreciated. Your answers gave me to confidence I needed during this difficult process.

He is refusing to leave, so I'm going to have to wait forty five days and then go to court. I'm looking into how quickly it would take to get a court order/eviction notice and go through the process once the 45 day mark is crossed. I served him with the written notice in person, by hand; I hope that won't be an issue to deny a motion to evict (sorry for not using the proper nomenclature).

My property manager is very supportive, is willing to apply some muscle, and said I had grounds to remove him immediately no wait, but I don't want to be a jerk and go back on the written notice I have. But it is nice to have that option if things get ugly between us. I am hoping it won't since he is a naval officer and must behave in accordance with their rules of conduct.