[thekeyper]

Hi All,

I am subleting the other two rooms in my 3brd/1ba. I'd rather have them on the lease but my landlord is shady and won't let me put them on (another question later!). I want to evict one of the tenants right now but I'm not sure I have a proper reason.
We have a verbal mo/mo agreemant, can I just evict him with no reason as long as I provide proper notice? I think Hawaii is 45 days.
I'd like to get him out sooner; he doesn't do his chores, I constant have to live in filth or clean up after him. When we were looking for another roommate recently I asked him to do his chores and be available for the interview. He did neither, basically he ignores me when I ask him to do anything. I've tried to call a house meeting for the last 2mo and have finally given up because neither roommate will cooperate. (One is leaving though, thank goodnes!)
Are these options:
MEDICAL: I have a 2 chronic diseases that are exasscerbated by stress, I haven't been eating or sleeping lately due to the uncomfortableness in the house. I can't live like this any longer.
BREAKING THE LAW:
He smokes pot in his room. But I don't think I can use this as "breaking the law" since I use it as well for my medical condition, I don't have a medical card due to my previous job.
What other options do I have? He pays his rent on time...
Please help ;-(

[ScottGem]

There is a common misconception from novice landlords that they can evict a tenant. That is not the case. An eviction is a legal process and an eviction order can only be issued by a court. Before a landlord can go to court to obtain an eviction order, they must first give written notice of termination of tenancy.

Since he is month to month you do have to give 45 days notice. You may be able to use a 10 day "improper use" notice if you can find a valid improper use. But he can repair the improper use and stay.

I'm also not sure why you think your landlord is being shady. Sounds to me like he doesn't want to have to deal with multiple tenants. So he deals with you and lets you deal with YOUR tenants.

[Fr_Chuck]

Yes, sounds like you need to give him a notice and if he does not move then, you file eviction in court

[AK lawyer]

Unless Hawaii is radically different than most, you don't have to specify a "valid" reason to evict a month-to-month. The fact that you want him out is reason enough.

[ScottGem]

unless Hawaii is radically different than most, you don't have to specify a "valid" reason to evict a month-to-month. The fact that you want him out is reason enough.

First, as I said, a landlord can't evict. Second, they need a valid reason for a 10 day termination notice, not for the 45 day.

[AK lawyer]

First, as I said, a landlord can't evict. ...

If we are going to be super-correct, yes a landlord can.

"... Originally and technically, the dispossession must be by judgment of law; if otherwise it was an ouser; ... but the necessity of legal process was long ago abandoned ... in this country ... Any actual entry and disposession, andversely and lawfully made under paramont title, will be an eviction. ... (citations omitted)" - Black's Law Dictionary, Eviction.

• But what you are saying is that eviction is a two-step process.
• First a notice to quit is given by the landlord to the tenant. Eviction is not complete at this stage.
• Second, the landlord applies to court for an order. Notice of this court order must also be served on the tenant.

When one uses the term "evict", if the context is clear, what is usually meant is the entire (notice and then court proceeding) package.

First, as I said, a landlord can't evict. Second, they need a valid reason for a 10 day termination notice, not for the 45 day.

There has to be a valid reason allowing the landlord to use a 10-day notice instead of a 45-day notice. But OP was asking about the 45-day notice. If OP wants him out, he doesn't need a reason, if he gives the 45-day notice.