What are the laws governing the sale of a rental property?

In Hawaii, the laws that govern the sale of a rental property depend on the circumstances of the sale. If the sale is an owner of the property transferring the rights in the rental agreement to a new owner, then the laws of landlord tenant law apply. The landlord must give the tenant written notice of the transfer in ownership. The notice must include the name, address, and contact information for the new owner/landlord. It must also inform the tenant of their right to remain in the unit for the remaining term of the lease, unless the tenant and the new owner agree to another arrangement. The new owner/landlord must understand that they are taking on the responsibility to comply with the rental agreement and all applicable laws from the previous owner. These include providing the tenant with appropriate written notices of rent increases, meeting all maintenance and repair requirements, and not discriminating against tenants on the basis of race, color, religion, national origin, sex, familial status, or disability. The new owner/landlord must also understand that a rental agreement can be terminated due to a sale. A tenant can be required to vacate the rental unit 30 days after the notice of termination is given. The notice must include the reason for the termination, the date of termination, and the date the tenant must vacate the unit. The tenant may be entitled to a relocation assistance depending on whether their unit is covered by Hawaii’s Residential Landlord-Tenant Code. In addition, the new owner/landlord may also be subject to other laws and regulations that did not apply to the previous owner, such as lead disclosure laws and rent control laws. It is important that the new owner/landlord understands their obligations under these laws and ensures that the property is in compliance. Finally, when a rental property is sold in Hawaii, it is important for the seller, buyer, and tenant to be aware of their respective rights and responsibilities to ensure a smooth transition of ownership.

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