As Hawaii real estate lawyers we regularly review, negotiate and draft residential and commercial leases. In addition, we represent landlords and tenants with the negotiation of retail and office space leases throughout Hawaii.
For Hawaii residential property we prepare Hawaii Rental Agreements for landlords and deal with issues relating to tenants, such as the timely return of their security deposit. A carefully drafted Hawaii Rental Agreement is the key to being able to control the actions of a tenant. If a tenant fails to obey the Hawaii Rental Agreement or fails to timely pay their rent, we can commence summary possession of the Hawaii residence and start debt collection activity against the defaulting tenant.
As for tenants, we're often asked for assistance with obtaining a proper return of their security deposit. In one particularly appalling case a prominent Hawaii attorney was the landlord who blamed the college tenants with causing all sorts of problems, most of which were caused over a long period of time. Only after careful documentation from the landlord’s own service providers confirming the problems couldn't have been caused by short-term tenants did the landlord agree to drop the case and return in full the tenants’ security deposit. Here is an article regarding security deposits: Security Deposit Under Hawaii's Residential Landlord-Tenant Code: Amount, Uses, Timely Accounting and Return, and Damages
For Hawaii commercial landlords we prepare a 20+ page tenant commercial lease for office space as well as personal guaranties for the individual owners of Hawaii tenant. Here is an article on why a Hawaii commercial lease for exactly a five year term should be avoided. If the tenat is having difficulties with lease payments we can negotiate workouts or commence summary possession of the premises.
For prospective tenants, we review the proposed lease, explaining the questionable lease provisions, and either carve out language we feel goes beyond industry or offer alternative language. It still amazes us that most tenants do not hire a Hawaii real estate attorney to delete such offensive language. They often only learn about the adverse consequences when the landlord defaults them. As we tell our real estate clients, we can't prevent them from defaulting under a lease, but if they see us prior to signing a lease we can help them understand what risks are involved and why the lease should be modified prior to signing. Ultimately it's a business decision for the tenant to make as to whether or not they really want the space. Here are some Issues in a Hawaii Commercial Lease as well as an article on why Hawaii’s Interest and Usury Law Does Not Apply to Commercial Leases
Given the poor state of the Hawaii economy, we've been frequently asked to help a tenant get out of their lease. This is obviously much harder to do, but we've been successful in analyzing the risks for the client. Whether the tenant wants to assign their lease, sublease their space, or simply vacate the premises we can go through each option and come out with a strategic plan.
We've also been able to successfully negotiate termination of leases and personal guaranties with entities as large as General Growth Properties, the owner of Ala Moana Shopping Center and Ward Shopping Center.
Contact us today about your commercial or residential leasing needs here in Hawaii. Whether you're the landlord or the tenant we can help you.