Legal Question in Real Estate Law in Hawaii
Return of Rental Deposit
We made a security deposit on a house in Hawaii before we moved from California. A friend inspected the house and gave a positive review. The owner sent the rental agreement with a request for a security deposit.
When we arrived in Hawaii, we inspected the property. At that time the owner gave us an additional list of terms which stated that the tenants could not have "rocking chairs or motorcycles". This was not in the original documents. We declined renting the house on that basis.
We requested return of the rental deposit. He stated that he would keep a portion to cover the expenses of renting the house. We feel that amount
he claimed for expenses was in excess and he would not furnish receipts to verify his expenses.
In this situation, what portion of the rental deposit should be returned to us?
2 Answers from Attorneys
Re: Return of Rental Deposit
All of it should be returned; or, you may possibly
have the right to go use the house still but without
the new restrictions.
Do you have the 'new' terms in writing? It's possible
that when you refused the new terms, you still had an
agreement on the old terms and should not have had to
walk out or reneg on the deal.
I don't have all the facts and I don't know your timing
on all of this, but he's clearly in the wrong.
Re: Return of Rental Deposit
From your narative it appears that with payment of the security deposit based on the rental agreement the security deposit was in reliance of the rental agreement. If you also signed the rental agreement and the landlord did not, he may be estopped from disaffirming the original agreement by attempting to keep the security deposit. His actions appear fraudulant, and I would suggest you seek council in Hawaii to either take the house under the original agreement or have him return the deposit in full.
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