Property Management
In Hawaii, a commercial tenant claims their landlord 'constructively evicted' them by failing to maintain the HVAC system for 6 months in summer. This claim requires the tenant to show:
AA. Only that the HVAC failed, nothing more
BB. That the landlord's failure substantially interfered with the tenant's use of the premises and the tenant actually vacated✓ Correct
CC. That all other tenants also complained about the HVAC
DD. That the cost to repair the HVAC exceeded $5,000
Explanation
Constructive eviction requires the landlord's actions or omissions to substantially deprive the tenant of beneficial use, and the tenant must actually vacate within a reasonable time after giving notice.
Related Hawaii Property Management Questions
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