My long term tenant is illegally Vacation Renting my Condo

[Rob White]

Aloha,

My Hawaii lease agreement states no subletting of the unit and the county zoning for the condo complex is for long term rentals only, making vacation renting illegal.

I found out my year lease tenant was vacation renting my unit for their profit, without asking me and going against the lease agreement. Along with this, I got a letter from the county saying that any vacation renting will result in a $1000 a day fine to the owner. My tenant has disregarded my demand to stop vacation renting, but agreed to "move out" in 45 days. Thus, the vacation renting continues. 

Any suggestions? I figured an option would be to let the county know of the exact situation between me and the tenant. 

Do I have any right to blatant breach of lease contract and illegal use when it comes their deposit? I don't believe so.

Thanks for your help!

[Upen Patel]

@Rob White Knows details, specifics about the situation would help. How did you find out? Where are they advertising the vacation rental? How to the vacation renters get access to the building/condo? Have you contacted the condo association and have them "lock out" everyone other then the real tenant?

Even if he has agreed to move out, hopefully in writing, you still want to send him an official notice each time you are aware of a lease term violation. If these violations do result in you being fined by the county, then you would be within your right to withhold deposit, and if necessary, sue them in small claims court to recover any access fine. They would have zero standing in the court.

How is he doing the vacation rental? Through Airbnb, VRBO, etc. If so, then call them serve them a notice of being participants in an illegal activity and demand that they free the account and ALL funds in it. You can go further and higher an attorney to get your the funds from such entities.