The Hawaii Residential Landlord-Tenant Code, Chapter 521 of the Hawaii Revised Statutes (HRS) outlines how a landlord and tenant are to terminate a fixed-term rental in the following manner:
Rental Agreements for Fixed Terms
When a termination date has been stated in the agreement, termination is automatic and there is no notice requirement. Since there is no notice requirement, the expiration of a lease can create great problems if the landlord and the tenant do not communicate with one another. This is because the relationship between the landlord and the tenant depends on their intentions. A failure to inform the other about these intentions can cause critical misunderstandings. These are a few of the possible results:
- The tenant can continue to occupy the unit with the landlord’s consent. In this case, a month-to-month tenancy is created, at the same rent as provided in the lease.
- The tenant might continue to occupy the unit, but without knowing that the landlord does not consent. Technically, a holdover tenancy is created. Holdovers are discussed below. The landlord may expect the tenant to leave, even though no communication has taken place, and may have lined up a new tenant. If the tenant stays, the landlord will not be able to deliver occupancy to the new tenant.
- The landlord may expect the tenant to stay on as a month-to-month tenant, but the tenant may vacate, leaving the landlord without any tenant at all.
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