State Specific Question About: HAWAII (HI)

I chose a couple to rent my place, they insisted giving their landlord a 30 day notice and insisted they would

take the place on the 15th of the following month (this month). They asked me to come by and to please pick up their application along with one half months rent(prorated) and deposit in the amount of one months rent to hold the place, they just "loved it" I said no dogs, but then agreed to let them bring their 9mo. old dog, I met...

This all took place mid last month. She starts right away asking favors, move the screened door the other way, if my brother install a ceiling fan; for free now, since he owed me? I said that would be between the two of you. ( Like Pay the guy something)! Since it was going to be their Honeymoon and leaving towards the 15th, if they could start moving their stuff over and putting it in the storage area around the 28th of last month (where I still had my tools)and told her so-then she and hub would periodically come by every other day and would call me and say, the refridgerator is still not in, can we come by (my work place) and pick up the keys? Things still the same? Nothings changed on the 1st. Then I text her and said if you wanted to start moving in on the 1st I would have had it ready for you and you could have moved right in! Then it was per our agreement she could start moving stuff over and she now didn't like how the landlord/tenant communication was going; because she didn't know how to retrieve her text messages I sent her; and Drew (her husband) is coming over to pick up our check (hope you havn't spent it) we didn't think good about it all and we found a nother place that we think would suit us better. We want our money back, her husband comes in the morning pounding on the walls and door! Thank God I didn't hear it, I work nights and long hours I'm tired and these people wanted to get acouple weeks or more free rent, and wanted it all her way, plus she didn't want to pay taxes! She was still looking for rentals and found something she liked better of course and now demanding her money back. What do I owe this woman besides a TRO? I could have rented it out on the 1st of the month to several applicants,(upon her insisting I take her deposit and half mo.rent so I wouldn't rent it out to someone else.

my advice for you: your first mistake was "to come by.."

What does your lease say? Did you have them sign something when you "picked up" their deposit and 1st month's rent (either a lease or a deposit agreement)?

If not, you would be hard pressed to prove that all of the funds they gave you are non refundable.

I would still fight to keep at least 1 full months rent. Depending on how desparate they are they could try to take you to small claims.

The receipt for the holding fee may not be the way you worded it, some newcomers call this a deposit which by nature is refundable. Try giving them this next time -->

Non Refundable Binder

This will acknowledge receipt of the sum of $ _____ by _____________________ ("Landlord") from_____________________ ("Applicant") as a holding fee to hold vacant the rental property at _____________________, until _____________________ at _____________________. The property will be rented to Applicant on a _____________________ basis at a rent of $_____per month, if Applicant signs Landlord's written _____________________and pays Landlord the first month's rent and a $ _____ security deposit on or before that date, in which event the holding fee will be applied to the first month's rent.

This Agreement depends upon Landlord receiving a satisfactory report of Applicant's references and credit history. Landlord and Applicant agree that if Applicant fails to sign the Agreement and pay the remaining rent and security deposit, Landlord may retain this holding fee to compensate Landlord for lost income and inconvenience.

This binder will be returned to the Tenant less the cost of the credit check $_____ if the Tenant is not approved for any reason.

Date ____________________

Applicant __________________

Date ____________________

Applicant __________________

Date ____________________

Landlord __________________

Thank you for your help!

To answer pertinent questions, I had them fill out a Rental/Credit Application. On one page it says Commencement Date _____

Term_______Rent/Month__________

Acknowledgement

We, the undersigned, understand that in the leasing agent andrepresentative for the owner/landlord and that the leasing agent's fees will be paid by the owner/landlord. The undersigned acknowledge that this written notice was received prior to the undersigned receiving a lease agreement.

______________________________________

Applicant's Signature date

(they signed this)

It also has Monies Received

Description

_

Applicaton Fee Amount

Security Deposit Amount

And a couple blank boxes to fill in

what ever you want!!!!

I want to stress that this was a verbal agreement also, which I made her think about for several days before I called her back to say I would except their application w/deposit and rent (half mo.) because of just this, going thru the motions and them backing out! I think it made her want it even more at that point.