Hawaii. I have a lease with the landlord (Property Manager) and I decided to sub-lease 2 bedrooms a two roommates (with non consent of the landlord). I made a sub-lease for the room with them. One of the roommates does not want to leave, I gave him 30 days notice to leave (by law should be 45 days but I did not know), anyway he passed that 30 days, he is still there, I am using his Security deposit as a rent which is going to be due at the end of the month. He is not paying utilities also. I want him out of my place do not care his money. I am planning to give him a 5 days notice of quit mention that eviction process will began. My question is, Can I evict him if I am not the landlord? My lease mention not subleasing without written notice, I do not have the written notice. Landlord is receiving the full rent from me. If Landlord give me the authorization for proceed with the eviction can I evict her? I just want him out of the place. Can I inform him to the credit bureaus? What is the difference between small claims and collect agency? I really just want him out and have his credit mess up. Help!

Hello p:

You are his landlord, so YOU can evict him. No, you can't add stuff to his credit report... But the eviction itself will be put on his credit report, and that might make you happy.

excon

As excon said, YOU are his landlord. YOUR landlord does not have anything to do with your arrangement with him (more on that later). Since you screwed up by not giving the proper notice, you have to start from scratch. If he is late on his rent, you CANNOT use the security deposit towards that rent (YET). You can serve him with a written pay or quit notice. In HI it is 5 days. If he has not left within the 5 days, then you go to court for an eviction order. The danger here is that he does pay up and then you have to let him stay.

Once he is evicted, you can THEN use the deposit to reimburse any unpaid rental and damages to the unit. You have to given him a notice within the time allowed by HI law, of how you have used the deposit.

Before you become a landlord you would have done well to familiarize yourself with the local laws on security deposits, lease terminations and evictions.

As for YOUR landlord. If your lease specifically does not allow sub-lets or roommates you can be evicted for having done so. So you do NOT want to involve YOUR landlord at all.

Thank you Scott and Excon. So to be clear, even I am not the "owner" of the place, I can evict the person that I am renting the room? So I have all the rights as a Landlord?
If it is correct that would be great, because I just want to have him out of my place and it would be a pleasure to see him at court even I have to run with all the expenses by myself.

Today I spoke with the Property Manager who rented me the place, she will talk with his broker about the authorization that she could give me to show that I can sub-lease the place. She was agree with me and looks she wants me there. See what his broker say. Because if I go to court in case the Judge ask me for my lease with the Landlord (Property Manager) it would say "subleasing only with written authorization" I can show that I can written authorization so I can be llegally right for that part.
I am planning to consult a lawyer about this Subleasing situation just to be sure (even I have to pay $200 for hour) if even I am not the owner of the place I can evict him for non payment.
I am preparing my 5 days notice of quit, certified mail or I can hire somebody to service that.
This situation is killing me I am promptly to be just bone and skin...

Thank you so much and any more suggestions I would appreciatte that!

100% you are HIS landlord and you can evict him. He has NO relationship with YOUR landlord.

The judge is not likely to ask for your authorization to sublet. This is between you and YOUR landlord. It has no bearing on your situation with your tenant. But it would be good to have that authorization in case your landlord decides to evict you.

Thank you guys, I am starting the eviction process. I am preparing my 5 day notice for non-payment and I have another question: Should I include the Late fees, and utilities beside the rent due?

Is this letter only for "rent" due?

Should I do a 10 days letter for the non-payment of utilities?
I do not want that him pay the rent after the 5 days notice and will stay stuck with him and started the 45 days notice to leave the place.

Another question just came to my mind: the rent is due on the 1st. We are 30th. He owns rent for November (due Nov 1st) and now should be December due Dec. 1st. Can I include both on the 5 day notice? I can wait until tomorrow, Dec. 1st.

Thoughts, please.

Thank you,

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 1680 0007 3632 8419

FIVE-DAY EVICTION NOTICE FOR NON-PAYMENT OF RENT

November 30, 2010.

TO: xxxxxxxxx


NOTICE IS HEREBY GIVEN that you are in default in rental payment upon the premises located at xxxxxxx, Hawaii, and you are hereby required to either pay the FULL AMOUNT currently due or to vacate the above premises within five (5) days after the service of this notice.

Monthly Rent: $
Late Fees: $
Utilities: $
TOTAL $

You are further notified that an additional late fee of $25.00 dollars per day will be added to the amount due Landlord/Principal Tenant until you have paid Landlord/Principal Tenant in full.

You are further notified that payment of said sum due is hereby demanded of you, and unless payment is made on or before the expiration of five (5) business days after service of this notice, your lease of the premises will be terminate and eviction process will began.

Only FULL PAYMENT of the rent and late charges demanded in this notice will waive the Landlord/Principal Tenant's right to terminate the lease under this notice.

NOTE: You may also be required to pay all fees and court costs incurred in such lawsuit, including attorney fees.

DATED this on November 30, 2010.

______________________________
Landlord/Principal Tenant

If the lease states that he has to pay utlities as part of his rent, then certainly include anything past due. Include late fess. And yes wait until Thursday to serve him assuming he doesn't pay tomorrow.

Where did you get that $25/day fee from? That seems onerus so you need to make sure it complies with HI law. Also I would change it slightly in the 3rd paragraph:
You are further notified that payment of said sum due is hereby demanded of you, and unless payment is made on or before the expiration of five (5) business days after service of this notice, your lease of the premises will be terminate and eviction process will began unless you have already vacated. Vacating the premises does not, however, change the amounts owed as listed above.

Thanks ScottGem. I gave my papers to a lawyer to follow up the case. He has not started anything yet, but I have another question. The bad roommate started packing and moving his things out. He has not finished yet, but that means he is leaving maybe soon, could be on the 15th or end of the month, sooner, I would never know with him. Anyway, because the lawyer has not prepared any letter for him yet and the 5 days notice for non payment has not been given to him. What should I do? I still want him to pay for all the rent/utilities even he is leaving. How is the situation of the 5 days notice in this case when the person is starting to packing and moving his things out. Can I take the debt to an agency collection or what about small claims? Really the only thing that I want are two things: have him out of my place and has his record mess up.

Need some advice

Thank you guys

Doesn't matter if he's making signs of leaving or not. You still serve the pay or quit. You can decide, after the 45 days are up, whether to immediately file for eviction or not.

As for what he owes, if he owes more than the security deposit, you must first take him to small claims for the amount owed. When you obtain a judgment, then you can go after him to collect.

I forgot to mention, he does not work, he is a student, 45 years old and the only thing that I know that he mentioned that he has his saving.

Thank you, ScottGem! :)