Lease Renewal Legal Dispute

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Summary

Brief Summary: In Hawaii, a landlords promise to renew a lease can be challenged under promissory estoppel if the tenant relied on the promise to their detriment. The case Ravelo v. County of Hawaii outlines the necessary elements: a clear promise, reasonable reliance, and substantial detriment. Additionally, Hawaii Revised Statutes (HRS) §521-42 and §521-63 address habitability issues and allow tenants to seek damages if the landlord fails to maintain the premises. For filing complaints, tenants can refer to the First Circuit Court in Honolulu. Proper documentation, written notice, and legal motions are essential steps in pursuing such claims.

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auto body repair shop rented commercial space 4 years ago unable to renew lease in spite of owner promise to renew lease *. paid rent to owner for august * who promised to let me stay til end of month then he returned rent with 10 day notice to quit would like to sue for promissory estoppel and i did not get certificate of occupancy and for damages prepare complaint
Hello Shirley,
I understand your situation and it sounds challenging. Promissory estoppel and lack of a certificate of occupancy are serious matters. Here are some general points about these issues in Hawaii:
- **Promissory Estoppel**: You must show that the owner made a promise intending you to rely on it, you did rely on it, and it caused you harm.
- **Certificate of Occupancy**: Operating without one can result in fines and hinder legal actions.
Could you provide the exact location of the property to determine the nearest court for filing your complaint?
honolulu hawaii
Hello Shirley,
Thank you for providing the details. Here is some general information based on your situation:
- **Promissory Estoppel**: In Hawaii, you need to demonstrate that the landlord made a clear promise, you relied on this promise, and that reliance caused you harm.
- **Certificate of Occupancy**: Operating without this can lead to fines and complicate legal proceedings.
For filing your complaint, you would likely need to go to the First Circuit Court in Honolulu.

First Circuit Court (Honolulu)


Phone: (*) *-*
Address: * Punchbowl St, Honolulu, HI *
Website: www.courts.state.hi.us

Would you like any additional information or assistance on the next steps?
yes draft legal complaint and summons to include laws with cases and budget for damages oahu hawaii
Hello Shirley,
I understand you need a draft of a legal complaint and summons. Here is a brief outline to guide you:
Draft of Legal Complaint:
***. Caption:**
- Plaintiff: Shirley J.
- Defendant: [Owner's Name]
***. Introduction:**
- Identify parties involved.
- State jurisdiction and venue.
***. Facts:**
- Describe the rental agreement and promise to renew the lease.
- Detail payment of August * rent and subsequent return with a *-day notice.
- Mention lack of Certificate of Occupancy.
***. Causes of Action:**
- **Promissory Estoppel:**
- Cite the clear promise made by the owner.
- Explain your reliance on this promise.
- Detail how this reliance caused you harm.
- **Failure to Provide Certificate of Occupancy:**
- Reference applicable Hawaii statutes and regulations.
- Describe the legal and financial impact of the lack of a certificate.
***. Damages:**
- Calculate and list specific monetary damages (e.g., lost profits, relocation costs).
***. Prayer for Relief:**
- Request compensation for damages.
- Ask for any other relief deemed appropriate by the court.
Draft of Summons:
- Include court name
prepare draft complaint for Custom Fleet Auto vs Sand Island Business Association
Draft Complaint
*. Caption:
- **Plaintiff:** Custom Fleet Auto
- **Defendant:** Sand Island Business Association
*. Introduction:
- **Parties Involved:**
- Plaintiff: Custom Fleet Auto, an auto body repair shop.
- Defendant: Sand Island Business Association, property owner.
- **Jurisdiction and Venue:**
- This court has jurisdiction as the property and events in question are located in Honolulu, Hawaii.
*. Facts:
- **Rental Agreement:**
- Plaintiff rented commercial space from Defendant 4 years ago.
- Defendant promised to renew the lease in *.
- **August * Rent:**
- Plaintiff paid rent for August *, relying on the promise to stay until the end of the month.
- Defendant returned the rent with a *-day notice to quit.
- **Certificate of Occupancy:**
- Plaintiff did not receive a Certificate of Occupancy from Defendant.
*. Causes of Action:
- **Promissory Estoppel:**
- **Promise:** Defendant made a clear promise to renew the lease.
- **Reliance:** Plaintiff relied on this promise by continuing operations and paying rent.
what is the structure for this complaint and summons oahu using laws and cases for reference
Hello Shirley,
I understand you need a structured complaint and summons for your case. Here is a detailed outline for your complaint and summons, including references to laws and cases in Hawaii:
Draft Complaint:
*. Caption:
- **Plaintiff:** Custom Fleet Auto
- **Defendant:** Sand Island Business Association
*. Introduction:
- **Parties Involved:**
- Plaintiff: Custom Fleet Auto, an auto body repair shop.
- Defendant: Sand Island Business Association, property owner.
- **Jurisdiction and Venue:**
- This court has jurisdiction as the property and events in question are located in Honolulu, Hawaii.