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Natori Law Office LLLC

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1003 Bishop St • Pauahi Tower • Suite 1360 • Honolulu, HI 96813
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  • Home
  • Our Attorneys
    • Nathan Natori
  • About Us
    • Your Initial Meeting
    • Clients
    • Testimonials
    • Fees
    • Outer Island
      • Big Island
      • Maui
      • Kauai
  • Practice Areas
    • Real Estate
      • Purchase & Sale of Hawaii Real Estate
      • Agreement of Sale
      • Commercial
      • Encroachment
      • Eviction
      • For Sale by Owner
      • Landlord / Tenant
      • Brokers & Realtors
      • Water Rights
      • Partition
    • Business
      • Forming A Business
      • Acquiring A Business
      • Corporate Governance
    • Financial Institutions
    • Construction
    • Debt Collection
    • Finance
    • Foreclosure
    • Franchise
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    • Land Use
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Landlords Who Reside Outside of Hawaii Are Required to Have Hawaii Property Managers

Hawaii law requires that a landlord who does not reside in Hawaii but is renting out the landlord’s Hawaii property, or who resides on a different island than where the property is located, must hire a Hawaii property manager who resides on the same island where the landlord’s rental unit(s) is located.

Hawaii Revised Statutes Section 521-43(f) provides: ” (f) Any owner or landlord who resides without the State or on another island from where the rental unit is located shall designate on the written rental agreement an agent residing on the same island where the unit is located to act in the owner’s or landlord’s behalf.”

As a result the landlord not only must designate that person on the Hawaii rental agreement, but should also enter into a property management agreement with a Hawaii property manager to manage, operate, control, rent and lease the landlord’s Hawaii real property.  Although every agreement is unique, particularly with respect to the duties, responsibilities, and payments, certain elements should be addressed in any Hawaii property management agreement, including but not limited to the following:

  • What is the term of the agreement?
  • What are the property manager’s specific duties?
  • What is the property manager’s authority as an agent?
  • What type of record keeping and accounting is property manager required to do?
  • How are monies to be handled?
  • How often does the property manager report to the landlord?
  • What is the property manager’s compensation?
  • What is the liability of the property manager?

As you can see, there are a number of issues that a landlord needs to consider when hiring a property manager for the landlord’s Hawaii property.  An attorney can assist you in identifying those issues and discussing the risks involved as well as your potential options.

Contact us and we can help you review the proposal from your potential Hawaii property manager.

More Articles on Hawaii Real Estate Law
  • Duties and Responsibilities of the Selling Agent Regarding the Hawaii Seller’s Real Property Disclosure Statement for Hawaii Residential Real Estate
  • Hawaii Agreement of Sale
  • Hawaii “For Sale by Owner”
  • Hawaii Commercial Lease Interest Rate and Usury
  • Hawaii Commercial Leases: Issues You Must Consider
  • Hawaii Contractors Disclosure Requirements to Hawaii Homeowners
  • Hawaii Land Court Petitions Explained
  • Hawaii Regular System and Land Court Recording System
  • Hiring a Hawaii General Contractor
  • Mandatory Seller Disclosures for Hawaii Residential Real Estate
  • Probate of Hawaii Real Estate Owned by Japanese Citizens
  • Should a Hawaii Purchase Contract (DROA) Be Used in Purchasing Hawaii Commercial Property?
  • Terminating Co-Ownership of Hawaii Real Estate Property
  • The Process of Claiming and Attaching a Mechanic’s or Materialman’s Lien in Hawaii
  • The Role of Hawaii Attorneys in Purchasing Hawaii Residential Real Estate
  • The Security Deposit Under Hawaii’s Residential Landlord-Tenant Code
  • Understanding the “As Is” Addendum to the Hawaii Association of Realtor’s Standard Form Purchase Contract
  • Using a Letter of Intent in a Hawaii Real Estate Sale or Purchase
  • What Is the Hawaii Dual Agency Disclosure Form?
  • Why a Landlord Must Tailor the Standard Hawaii Rental Agreement
  • Why a Purchaser of Hawaii Real Estate May Want to Delete an Arbitration Paragraph
  • Why Hawaii Commercial Leases for Exactly a Five Year Term Should Be Avoided
  • Why Your Surveying Paragraph in a Hawaii Purchase Contract May be Inadequate When Purchasing Hawaii Residential Real Estate

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Aditya S.

Nathan is thorough, detailed, and knowledgeable.

Natori Law Office LLLC
1003 Bishop St
Pauahi Tower, Ste 1360
Honolulu, HI 96813

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The information and content on this website is not formal legal advice. It is for informational purposes only. There is no legal association with the Natori Law Office LLLC based upon your viewing this website. You do not have any attorney-client relationship with the Natori Law Office LLLC unless you have formally retained the Natori Law Office LLLC to represent you by signing its engagement letter and complying with its terms.