Fixed term rental lease agreement?

Question

Please only answer this if you know what you're talking about.I have a fixed term rental agreement in the state of Hawaii. According to the lease, after the fixed term ends on August 31, it will become a month to month agreement and we would be required to give 28 days notice prior to vacating. We informed out landlord that we would be vacating on August 31 and now he is trying to say that we owe him for September's rent also since we didn't give 28 days notice. Doesn't a fixed term agreement end on the last day of the agreement (August 31) and we would therefore not be required to give 28 days notice unless we stayed until September 1? Trying to avoid going to small claims court. Hawaii code if you really wanna help me out with understanding this. http://www.hawaii.gov/dcca/areas/ocp/landlord_tenant/
In addition, he notifed us that there would be an increase in rent on August 15. Doesn't that require 30 days notice to implement?

The lease states, "After August 31, 2007, this fixed lease is to convert to a month-to-month agreement." Therefore, since we are still in a fixed lease, we should not have to give 28 days notice. If we stayed until September 1 (and it became month-to-month) we would then have to give 28 days notice. Right?

Our lease only requires 28 days once you become a month-to-month tenant.

DO NOT CALL ME SWEETY!!!! I have a fixed term which does not require a 28 day notice as the lease itself provides notice. If you read my question you would have noticed that you idiot. The point of the question was whether or not 28 days was required for a fixed term lease which my landlord is trying to claim. According to the tenant code, no notice is required for fixed terms but I was just asking to make sure.

FYI contacted a lawyer and she said we're right. Notice is not required in a fixed term.

Answer 1

Edited:
(page 13) Fixed-Term Rentals:
Termination [of lease] is automatic and there is no notice requirement.

You sound correct in what you think. It doesn't say anything about raising rent in a fixed-term agreement, only about 45 days notice to raise rent in a month to month agreement.

I would just copy this page and highlight all of the information and give it to your landlord. Keep a highlighted copy for yourself. Doesn't sound like your landlord is doing things right.

Answer 2

I read thru that website and did not find anything regarding a 28 day notice. However, if your lease specifically calls for a 28 day notice (most call for 30 days when the tenants intent is not to renew or holdover) then the landlord should abide by it. I can only hope you give a written notice so you will have proof that you did the right thing. I found another website that might be helpful. Good luck

Answer 3

Even tho your lease term expires on Aug 31, you still have to give your landlord his 28 day notice (most require 30). So you will have to pay the addition month.

On the other hand, he has to give you 30 days notice to raise the rent.

Maybe you can work something out and just pay for half of Sept since you gave him notice mid August.

Answer 4

Interesting codes.

You needed to give notice July 31 if you did not wish to automatically go month to month. So your landlord is sort of correct, you owe rent, but you only owe for 30 days after you informed him, he has to pro-rate September.

Hawaii requires 45 days notice to any rent increase, so your landlord is incorrect, he can not raise the rent until 45 from Aug 15th.

Answer 5

Well sweety, Hawaii state law requires YOU, the tenant. to give the landlord no less than 28 days written notice to terminate your tenancy

"B. Tenants. When it is the tenant who wishes to terminate the tenancy, the tenant must give the landlord written notice no less than 28 days before the anticipated termination date. The tenant is responsible for payment of rent through the date stated in the termination notice"

Interesting, it appears that not only is the statute poorly written (and conceived) the literature from the state agency that is supposed to help is also written in a less than clear manner.