How do i legally evict tenants who haven't paid rent in over 8 mos. in oahu hi?

Hire an attorney is my advice, but if you want to try it on your own......

Failure to Pay Rent - Section 68(a).

The landlord may demand payment of rent anytime after it is due. The landlord may notify the tenant in writing that unless payment is made within five business days after tenant receives the notice, the rental agreement will be terminated. If the tenant does not pay the past-due rent in full after receiving the landlord's notice, the landlord may sue to evict the tenant. (It is suggested that the landlord provide notice to the tenant by certified mail or by hand delivery. If this is not possible, the law allows the landlord to post a notice in a conspicuous place on the dwelling unit.)

Court Action for Rent Payment - Sections 68(b). The landlord may sue for rent alone

anytime after demanding payment of past-due rent and notifying the tenant of the

landlord's intention to bring such action.

Rent Trust Fund - Section 78. After court action involving a dispute concerning the

payment or nonpayment of rent has been initiated, the Code provides that, upon

request of either the tenant or the landlord, the court shall order the tenant to pay the

disputed rent to the court as it becomes due.

A. If a rent increase is in dispute, the court shall order the tenant to deposit into

court the amount of the rent prior to the increase.

B. The tenant need not make such payments to the court if the tenant can show that

the rent has already been paid to the landlord or a written agreement exists

between the parties providing that rent can be withheld or deducted.

C. If the tenant fails to comply with the court's order to make payments to the Rent

Trust Fund, the landlord shall be entitled to a judgment for possession. Execution

will be issued accordingly, and the tenant and the personal property of the tenant

shall then be removed from the premises by the appropriate officials.

D. The court can pay the landlord out of the Rent Trust Fund if the court determines

that rent was not paid. It may pay the tenant if rent was paid or properly withheld

or deducted.

E. A party acting in bad faith shall be liable for reasonable interest on the rent

deposited with the court.

This is a process you can do yourself (check link below) but I'm going to assume that, after eight months, you're not really sure how to go about it. Therefore, it's my recommendation that you hire a professional (see other link below) who does this for a living.

sounds like you have not gone through real estate school!

there is proper paperwork that you must follow before you can evict a tenant. I begin the eviction process the beginning of the second month they are late- the first month they are late I send out delinquent notices, keep record of them , after no pay send another letter threatening they will be going into eviction, if no pay again, send the 3rd letter SAYING you will begin the eviction process. if still no pay Send a Cease letter and a Notice to Quit...you will need all these notices if you intend to stand a chance in court against the tenants. Remember this, the court usually always sides with the tenant UNLESS you have the proper paperwork stating that you have made an attempt to collect the monies.

8 months. Sorry, but you have been screwed.

On the FIRST day of the first month the rent was late you should have started the eviction process. I would talk with a lawyer at this time.

Since you obviously don't know how to be a landlord, I would strongly suggest you hire a flat rate eviction attorney.

Why have you permitted these people to remain in your property without paying rent for 8 months?

it is not undemanding. verify out the tenancy settlement - how plenty be conscious ought to you provide them for eviction? possibly a month (simply by fact the hire is paid month-to-month?) if so, provide them a month's be conscious to get out. that's what you're legally obliged to do. ok, so which you're able to lose yet another month's hire - yet suitable to decrease your loses and get them out quite than drag it out. Do you have a criminal expert? if so, seek for their suggestion and notice approximately prosecuting them for defaulting on money. possibly you already know the tenants; so what you need to ask your self is, have they have been given the flexibility of paying you? in the event that they have no money then there is not any element in taking them to court docket considering they have no ability of paying you. Oh specific, they court docket will particularly much actual locate against them, then the court docket pays you the money and the ex-tenants will ought to pay the court docket (in all likelihood a pittance) a sum back each and each month. to save yoourself each and every of the hassle it incredibly is appropriate to purely provide them a month's be conscious, do away with them, and circulate on with new tenants. possibly you took a month's hire as down-value on the initiating of the tenancy? if so, you're legally allowed to maintain that simply by fact the tenants owe you the money. it particularly is a minimum of one month's late hire you may regain certainly sufficient.

It's a pain in the ***. Check out my link to find out the normal process. Now, I also suggest taking them to court for the money. If they can't pay, they go to jail.

Either way you go, expect them to be pissed.

Contact a lawyer.

If the property is insured, you could always arrange for something to happen, like a fire!