WHAT'S THE LAW?

Landlords have 14 days to return deposit

Question: I moved from one apartment to another more than a month ago, and I haven't heard anything from my former landlord about my security deposit. What can I do?

Answer: From Legal Aid's housing attorneys: Landlords are required to notify tenants within 14 days of vacating a rental whether they plan to keep the deposit (or part of it) and provide receipts for the deductions, or return the entire deposit (or the part they're not keeping). If your landlord fails to contact you within 14 days, you can take him to small-claims court. Even if your landlord returns the deposit but you dispute any deductions taken, you can still take him to small-claims court -- but neither you nor your landlord is allowed to bring attorneys to small-claims court when the dispute is over a security deposit.

Q: Is it true that in Hawaii students legally only have to attend school until age 15? I thought it was 18.

A: According to the Hawaii Department of Education: Children in Hawaii, by state law, are required to attend school between the ages of 6 and 18. While kindergarten is not mandatory, most 5-year-olds attend.

Q: If I am involved in a traffic accident that did not involve an injury, in which the other driver ran a red light and hit me, what is the proper procedure to follow? I was told that the police do not make a determination of fault, even if a traffic violation was the cause. How do I ensure that I am not held responsible for an accident that I did not cause?

A: According to Officer Derek Dela Cruz, Community Affairs Section, Honolulu Police Department: You would call 911 and request for an officer to come and file a police report. Upon arrival, an officer is there to investigate and document the incident; he/she does not determine who was at fault. If an insurance claim is made, upon receiving the copy of the police report, the insurance company will make a determination regarding the insurance aspects of the claim.

Legal Aid Society of Hawaii operates statewide. Practice areas include housing, public benefits, consumer and family law but not criminal law. For information, call 536-4302. Submit questions by e-mail to dawalla@lashaw.org or by U.S. mail to Legal Aid Q&A, 924 Bethel St., Honolulu, HI 96813.


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