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Updated over 1 year ago on . Most recent reply
Notice to Enter
Aloha,
I got a couple of questions about Notice to Enter here on Oahu. I am trying to get access for my rental property for rental photos purpose. However, the tenant was out of town and did not respond. There’s couple things that I have done to get access.
1. On the first day, I asked for the tenant’s availability via text message but no response.
2. Two days later, I opened the tenant’s mail box, put in a Notice to Enter, and called the tenant and left a voicemail (still not getting response).
Apparently, tenant was out of town, did not receive any notice and not able to be there during my entry. My questions are, first, did I violate any laws by opening the tenant’s mail box? All I did was open the mail box, put in the notice, and closed the mail box. Nothing else. Second, how do I prove that nothing is damaged or missing because of my entry? More importantly, how should I handle this situation better in the future?
Mahalo for any input.
Kwok
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Quote from @Kwok Wong:
Hawaii law requires you to give notice; it does not require you to get permission. Keep that in mind.
Here's a guide to Hawaii laws: https://cca.hawaii.gov/hfic/fi...
Talk to your tenant about how you serve notice. If they are going to be out of town for a while, they need to let you know in case you have to enter the home for an emergency.
Do not put anything in a mail box as that is illegal. I always notify by email or text. If I don't get a response, I tape the notice to the door (tape it well so it can't blow away) and take a picture of it as proof.
- Nathan Gesner
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