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  1. #1
    Join Date
    May 2008
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    6

    Default Lease vs Landlord Tenant Law - What To Follow?

    My question involves landlord-tenant law in the State of: Hawaii

    I clearly understand the state landlord-tenant law (HRS 452 I think), but I read the our lease in some areas and its wording is much more convoluted. The lease form was downloaded off the internet. Should it follow the state law or is the state law a minimum definition? I'm trying figure out what takes precedence if one is more restrictive than the other. For example the law defines what sort of entry rights the landlord has and what the tenant is responsible for if he/she defaults, etc. What do you follow if both address the same issue but have different actions? Thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lease vs Landlord Tenant Law - What To Follow?

    "It depends". Sometimes leases may modify the state law default, and other times they may not.

    I don't know what your example means - how does the tenant "default" if the landlord enters in violation of statute?

  3. #3
    Join Date
    May 2008
    Posts
    6

    Default Re: Lease vs Landlord Tenant Law - What To Follow?

    Those were just two examples...nothing related to one another.

  4. #4

    Default Re: Lease vs Landlord Tenant Law - What To Follow?

    Generally, a lease can't negate or nullify or lessen or weaken any statute or law that is meant to protect one, or both, of the parties, such as notice requirements, though a lease can increase any statutory protections. Otherwise, you can agree to give up or modify your rights under the law.

    This brief discussion doesn't go into rights that are strictly contractual or derived soley from the leasing (contract).

    Can I be more vague?

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