It is likely that the strength of your position will depend on the language of the Lease. Depending on your Lease terms, there may be language in it that expressly precludes or limits outside representations or promises from affecting the Lease terms, and/or (if you received the Realtors email prior to signing the Lease) that all outside representations and promises are integrated into the Lease and are thus nullified as of the signing of the Lease. As the Landlord apparently used a professional Realtor, it seems likely that such language was probably included in the Lease, as this is very common. However, depending on the details of the situation, there may possibly be a case made for negligent or intentional misrepresentation, and/or other claims. Without seeing the documents or having a very detailed understanding of the situation, any determination on such potential claims cannot be made. However, I am going to guess that, as you signed the Lease with the understanding that it was a 1-year Lease, that it is probably not likely that you will prevail in any lawsuit. Federal or State COVID mandates may prohibit or limit evictions, however, as these rules change quickly and are often in flux, I cannot comment on whether they are likely to be applicable in this case. Hope this helps – Good luck!See question
Likely to a breach of contract (among other possible claims) case, but it is likely that you would be taking action against the owner (maybe together with Airbnb). Unless this was an ultra-high end luxury rental, costing several thousands of dollars a day, it is likely that this would be a small claims matter. The limit for small claims court is $5000 (do an internet search for information on Hawaii small claims court). You might also be able to make a complaint at the State of Hawaii, Department of Commerce and Consumer Affairs, Office of Consumer Protection.
Yes, there are probably a wide assortment of claims that could be made (too many to list here) against this person. At the end of the day, apparently this massage therapist misused your private and confidential information to harass you and to retaliate; depending on the details, such behavior is generally actionable. The difficult part may be proving that it was this specific individual that released your information. If it can be shown (with sufficient evidence) that the massage therapist did post your information online and did disclose it to third parties, such as her family members, it is very likely (again, depending on the details) that you have a case against her. Furthermore, depending on the services rendered and the terms of the professional relationship, this massage therapist may also be obligated to keep your information confidential under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).See question
It seems likely that there are two main issues that probably will be determinative in this situation: 1) the specific terms of the Lease; and 2) what was said in the email. If you said in your email that you will absolutely be breaking the Lease and abandoning that space unless you get what you want, you may have made an anticipatory breach of contract. In very general terms, an anticipatory breach of contract occurs when a party engages in an act that shows their intention to breach the contractual obligations owed to the other party, and therefore, ends the second party's responsibility to perform its duties and obligations under the contact. However, there could possibly be language in the Lease that could be used to your advantage, or to make a claim against the Landlord, however it would require a review of the Lease to determine. You should also know that the Landlord could come after you for the money owed for the rent owed under the Lease until the termination date of the Lease or until they get a new tenant. In addition, the Landlord has a duty to mitigate damages, and should make efforts to market the unit and find a new tenant. If the Landlord fails to do so, then it is likely that they cannot receive an award for future rents.See question
Generally, an unlicensed contractor is unable to charge a consumer for and/or engage in any work in which a contractor’s license is required. Furthermore, an unlicensed contractor is usually unable to employ legal action to collect such fees. You can contact DCCA / RICO to make a compliant regarding this contractor, and if you have the financial resources, you may want to retain an attorney to guide you through this process.See question
If it is just a couple of rats, you probably do not have a case. However, if the property is overrun and infested, you might have legal recourse. I say "might", as the issue is still not very clear, and it is likely that an argument will need to be based on legal research and analysis of the facts and law.
Here is some third-party information, offered without representation or warranty, that might be helpful:
From the article:
- "A Hawaii case decided in 2012 involved disclosure of coqui frogs and a bad neighborhood. The Seller in that case disclosed that coqui frogs were in the area, but not the extent of the noise they were causing. The bad neighborhood was not disclosed by the Seller. The Buyer in that case sued over the perceived lack of disclosure."
- "The Hawaii Intermediate Court of Appeals held that the Seller properly disclosed the existence of coqui frogs, even if they were a larger problem than the disclosure may have indicated, and that the Seller did not have a duty to disclose the social conditions of the neighborhood. Instead, the duty to disclose is kept to the more physical attributes of the area, such as a nearby garbage dump that may be leaking pollutants into the land."
I have not read the case in a long while, but it seems that if there was any mention of rats in the disclosure it may be difficult to sustain a case. However, if there is infestation, to the level where it can be determined that the Sellers had knowledge, and there was absolutely no disclosure regarding rats or a grossly misleading disclosure, you may be able to take legal action under Chapter 508D Mandatory Seller Disclosures in Real Estate Transactions (§§ 508D-1 — 508D-20) and/or common law breach of contract claims.
Hope this helps – good luck!See question
This is a very unusual situation, and it would require legal research to fully determine what rights, if any, you may have. If you do not have a Lease, at best, it is likely that you would be considered a month-to-month tenant. Normally, this means that they could evict you rather quickly. However, there may be COVID-19 protections in place that could slow this process. Thus, you might want to check if there are currently any legal COVID tenant protections remaining in place (the legal aid website may be able to supply you with information). Before surrendering any information, documents and/or assets to any person, it should be verified that the person actually has the rights to obtain the said information, documents and/or assets. As you are the caretaker and continue to accept living accommodations as such, you could possibly have personal liability for allowing unauthorized persons to take information, documents and/or assets from the estate. If someone shows up and begins moving items, you may want to consider contacting the police and ask them to come verify the persons authority for doing so. Hope this helps – good luck!See question
I am afraid that I am going to give you an answer that may not be as satisfying as you wish, but like bitter medicine it is what you probably need to hear. From the earliest stages, you should start working with a CPA who can map out the financials issues for you. There could be taxation issues that you are not aware of, and a CPA should be able to advise you on how to proceed. Consider that even if it is an honest mistake, the IRS/Hawaii Tax authorities may still impose penalties and interest for any problem with your taxes. From the legal end, you should include the profit distribution terms within your LLC Operating Agreement (yes, if you have three LLC Members you probably need an Operating Agreement, and no, unless you have specialized training or experience, this is probably not something you should save money on by drafting yourself). I understand that things like CPA for financial advice, or a lawyer to draft your LLC Operating Agreement (or other documents) may seem like an unnecessary expense. However, in my litigation practice, I have had many litigation cases directly caused by someone not doing such things properly and/or by drafting their own documents when forming a company. Depending on the Court and the issues involved, LLC Litigation usually costs approximately $3,000 - $8,000 per month and can drag out for years; and can also destroy friendships and sour professional relationships. Hope this helps – good luck.See question
If you are sued in your individual capacity, you are likely to need to file a third-party complaint against your employer for indemnification. This is likely to be complex, and I would advise that you obtain an attorney. Your employer might be willing to pay your legal costs and provide you with indemnification from the claims. If so, you may want to retain an attorney to draft an indemnification agreement with your employer. I think that the issue here is likely to be complex and you may need to retain the services of an attorney. However, if the damages are under $5,000 it may be cost prohibitive for you to do so. Hope this helps – good luck.See question
Unfortunately, I believe that there are Federal laws that protect an online information provider from misinformation that is posted on their websites by third-parties. Even if you find a way around the law and are able to sue Facebook, Yelp, and Google directly, these companies have very deep pockets and likely have large legal departments that deal with such defamation claims on a regular basis. Therefore, any such legal action is likely to be very expensive and is likely to last for years.
Therefore, it is likely that you may need to go after the actual person distributing the misinformation, rather than the platform. If you can find someone who is posting this misinformation, and you sue them for defamation and win, by being able to show a court judgment in your favor, Facebook, Yelp, and Google are probably more likely to remove the objectional information from their website. However, without such a judgement in your favor, they are likely to be very resistant, as these sites seek to protect the integrity of their review system.
I hope this helps - good luck!See question