What's the law?
Employee-tenant told to vacate house
I have a question about a month-to-month lease that I am in and a 45-day notice to vacate that I received.
I was employed by a property management company that got fired, and a new management company took over.
I live on the property, so when I signed a lease with the old company, I was put on a month-to-month lease and did not have to pay a security deposit, along with getting a discount on my rent. When the new company came in, they had a meeting with all the managers and asked if there was anyone that they wanted to let go. I was not on very good terms with my manager, and I guess it was her opportunity to say that I was not performing at my job and the new company shouldn't keep me on. So when she told me this she also handed me a 45-day notice to get out of my house. I asked if I could stay and apply through the new management company as a regular applicant, pay a security deposit, etc., but she told me no, that I would have to get out.
Can they give me the 45-day notice on the basis that I no longer work there? I am willing to apply just like anyone else, and I know that other people have quit and they were still able to stay in the house, so I don't see what would be the difference. I already feel that I was discriminated against, and now I have to move out of my home, move my daughter to a new school, etc. I want to know if they can legally do what they are doing.
Answer: From the supervising attorney of Legal Aid's Housing Unit: The Residential Landlord-Tenant Code Section 521-71(a) says a landlord can terminate a rental agreement by giving 45 days' notice in writing. The landlord does not have to give a reason.
If the tenant stays past the 45-day period, it becomes a holdover tenancy, and under 521-71(e) the landlord can collect twice the monthly rent. There is more to this than landlord-tenant. You might be considered an employee, and can check with an attorney regarding your rights about being fired without cause.
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or by U.S. mail to Legal Aid Q&A, 924 Bethel St., Honolulu, HI 96813.