landlord/tenant Q&A

LAURENE H. YOUNG, (B) MPM, RMP, REALTOR
Young Hawaii Homes, Inc.
2011 President, Oahu Chapter
National Association of Residential Property Managers

Q. I signed a lease and moved into my condo a few months ago.

I had some questions and needed a couple repairs to be done but if I call the number given to me, I get someone from the mainland.

I left a message for my landlord, but it’s been over three weeks and they still haven’t responded to me personally or by email. What can I do? I’m afraid that if I have a safety issue, I won’t be able to reach my landlord and will have to pay for the repair myself.

A. I’m not sure if you have an on-island landlord or not, but the Landlord-Tenant Code states that “any owner or landlord who resides without the State or on another island from where the rental unit is located shall designate on the written rental agreement an agent residing on the same island where the unit is located to act in the owner’s or landlord’s behalf”. Some companies use mainland companies for after hours emergency calls for repairs. They would have a list of vendors to call in case of emergency for each particular landlord that has hired them but those calls usually go out promptly, and the landlords are notified the following day. The company you called could have just been the after-hours emergency phone number only for repairs.

For most repairs, the landlord has 12 business days to begin repairs after notification. If for any reason the landlord cannot begin those repairs, he should notify the tenant of the reason for the delay and let the tenant know a reasonable date for when the repairs will begin. It is sometimes very difficult to get a busy handyman to come to do a very minor repair, so sometimes tenants need to be patient with those type of repairs. If the repair involves an emergency that is necessary to provide a sanitary and safe living condition, the landlord should commence repairs within three business days of notification, and those repairs should be completed as soon as possible.

If the landlord fails to have the work performed within the required number of business days and does not provide the tenant with a reason for a delay and reasonable tentative date when the work will commence, the tenant has other remedies. He can have the work done “in a competent manner”, submit the bill to the landlord and deduct up to $500 of the actual cost of the work done to remedy the health or safety violation. If the damages were caused by the tenant or their guest(s), they would be responsible to correct the damage, and cannot charge the landlord.

If the tenant chooses to exercise the option to deduct a sum from his rent, he needs to list every condition he knows of, or should have known of, that he intends to have corrected. Failure to do this prevents him from forcing the landlord to correct those problems at the landlord’s expense using this method for a period of 6 months after notification to the landlord.

If the landlord receives written notice of a health or safety violation from the Department of Health or other state or county agency, he has five business days to commence repairs or inform the tenant of the reason for the repair. If he fails to do this, the tenant can again have the work done “in a competent manner”, submit the bill to the landlord and deduct up to $500 of the actual cost of the work done. Alternately, he could provide the landlord with 2 written, signed estimates at least 5 days before having the work done by the qualified vendor with the lower estimate. The landlord then has the right to substitute a vendor or materials. After the work is completed, the tenant can submit the bill to the landlord and deduct up to $500 of the actual cost or one month’s rent, whichever is greater.

Keep trying to reach the landlord or owner by phone, email and regular mail. Ask for updated contact information and emergency phone numbers. Most landlords want to correct damages, especially if there is a possibility that it will cause further damage. Even if you are unable to reach your landlord in the event of a leak or other problem, you have a responsibility to try to prevent further damage. You should also have renter’s insurance that could help you in case you are displaced for a period of time or have a loss due to the damage.