Part B is the Affirmative Defenses & Counts of the Counterclaim.
This section informs the judge of any unfair actions made by your landlord during your tenancy. Remember that you will have to prove each box that you check in court.
1. "My place is not fit to be lived in (Implied Warranty of Habitability & HRS §521-42)."
Check this box if you feel your unit was unsafe or unsanitary
HOW TO PROVE YOUR UNIT IS UNINHABITABLE IN COURT:
- Take photos of the uninhabitable conditions in the unit.
- Provide copies of any/all repair receipts
- Ask witnesses to testify or provide written testimony
- Provide copies of government agency citations for code violations
Note: Call the agencies listed below to get your unit inspected. Ask for a copy of the inspection report. The report can be used as evidence to prove your unit is uninhabitable in court.
|
Electric |
Plumbing |
Vector Control |
Oahu |
523-4391 |
523-4396 |
483-2535 |
Maui |
243-7255 |
243-7368 |
243-7375 |
Hilo |
961-8331 |
961-8331 |
933-4551 |
Kona |
329-4857 |
329-4857 |
775-9533 (Honokoaa)
322-7011 (Kealakekua)
|
Kauai |
Private contractor |
Private Contractor |
241-3306 |
|
2. "I should be reimbursed for the cost of repairs I made (§521-64, Unjust Enrichment)"
Check this box if you have made repairs to the unit for which you have not been reimbursed.
If you made repairs, you may be entitled to recompense under the Repair and Deduct statute. Generally, this involves providing your landlord with a written request for repairs, which he/she must act upon within a fixed amount of time. If you are interested in learning more about the proper steps for making repairs, see Legal Aid brochure called Repair and Deduct. Visit the Legal Aid website to obtain the brochure. However, if you did not take the proper steps to making repairs, you may claim that your landlord has been unjustly enriched by your occupation. This means that your repairs increased the value of the unit and your landlord benefitted financially as a result.
HOW TO PROVE YOU MADE REPAIRS IN COURT:
- Photos of the repairs (before and after)
- Repair receipts
IF you made repairs yourself, estimate how many hours you spent and multiply that number by the average hourly wage of a private contractor.
3. "My landlord willfully interrupted the service of my utilities (HRS §521-74.5) and/or locked me out of my dwelling overnight (HRS §521-63)."
Check this box if your landlord locked you out overnight and/or shut off your utilities OR if he/she has threatened to do so.
It is illegal for your landlord to lock you out overnight or cut off your utilities unless he/she has a court order to do so (Writ of Possession). If you check this box, you may be entitled to collect "damages" or money. If your landlord cut off your utilities, you may be awarded three times your monthly rent or $1,000, whichever is greater. See HRS § 521-74.5. If your landlord locked you out overnight, you may be awarded two times your monthly rent, or free occupancy for two months, plus the cost of the lawsuit, including reasonable attorney's fees. See HRS § 521-63.
IMPORTANT: If your landlord is currently threatening to lock you out and/or cut off your utilities, you can seek immediate relief by filing a Temporary Restraining Order (TRO) in District Court. Legal Aid's Self-Help Interactive Form will help you fill out the necessary forms. Click here to access to self-help forms. You may also call the Legal Aid Intake Hotline (536-4302) for more information.
HOW TO PROVE YOUR LANDLORD LOCKED YOU OUT AND/OR CUT OFF YOUR UTILITIES:
- Contact your utility company and request a copy of your landlord's order to cut them off.
- If you were locked out, keep a list of witnesses who may know something about how/when your landlord changed the locks.
- Document the date and time when you contacted the police to gain access to your unit.
4. "My landlord gave me notice to quit or filed the complaint to retaliate against me (HRS §521- 74)."
Check this box if your landlord took action to evict you after you complained to a government agency, requested repairs, or made other attempts to assert your rights under the Landlord-Tenant Code. This is known as a "retaliatory eviction"
If you successfully show that the eviction is in retalliation for something you have done that is within your rights under the Landlord-Tenant Code, then you may be awarded reasonable attorney's fees and/or the judge may order the landlord to continue your tenancy for a fixed period of time.
HOW TO PROVE YOUR LANDLORD IS RETALIATING AGAINST YOU IN COURT
- Witness testimony
- Documentation of actions you have taken during your tenancy and/or instances when you asserted your rights under the Landlord-Tenant Code.
5. "My landlord gave me notice to quit or filed the complain to discriminate against me."
Check this box if you believe your landlord is trying to evict you for discriminatory reasons such as race, gender, age, sexual orientation, or familiar status. This constitutes a violation of the Fair Housing Act.
If you believe your landlord is discriminating against you, call the following agencies to open an investigation:
- Legal Aid Society of Hawai`i Fair Housing Unit: 527-8024
- Hawaii Civil Rights Commission: 586-8640
- Federal Discrimination Hotline: 1-800-347-3739
- Honolulu Fair Housing Officer: 527-5972
6. "My landlord interfered with my use of the property (HRS §521-53, Covenant of Quiet Enjoyment).
Check this box if your landlord has harassed you or interfered with your rights to the quiet and peaceful enjoyment of your rental unit. This includes actions like entering your unit without notice or consent, threatening you, physically attacking you, etc.
7/8. "Other"
Check these boxes if you have any other complaints against your landlord not covered in #1 through #6. Examples of such complaints are listed below:
- My landlord illegally increased the rent (HRS §521).
If your landlord has ever increased rent without first providing a written 45-day notice, then he/she owes you the difference between the new rent amount and the original rent aount times the number of overpayments made.
- My landlord took possessions of my personal property (Trespass to Chattels, Conversion, & HRS §521-56)
If your landlord has taken possession of your personal property without your permission, even in the case that you owe back rent, then you can recover the stolen property and possibly collect "damages" or money. Make sure to document the value of the property, or similarly, how much it would cost to replace it.
- My landlord has intentionally or negligently inflicted emotional distress upon me through his/her conduct.