Oahu homeowner is out $60K in rent, taxes after tenants found on Facebook refuse to pay — but tenants shockingly plan to sue for ‘breach of contract’

“I’ve been able to be a landlord and didn’t have any problems with anybody ever,” Choy told KHNL News [1].

Choy manages the three-bedroom house and detached cottage on Nawiliwili Street in Hawaii Kai.

He is also the legal guardian of his mentally and physically disabled sister. The rental income goes toward her care, with the long-term plan of moving her back into the home.

Now, the tenants who stopped paying rent are fighting back and even threatening to sue Choy for breach of contract. Here’s how the situation escalated.

From one eviction to the next

Choy handed over the keys in March to Todd and Missy Brewer, a couple from New York, with a monthly rent of $8,500.

Court records on eCourt Kokua, however, revealed that Brewers have a pattern of behaviour when dealing with rent and landlords. They were already embroiled in eviction proceedings on a previous rental in Aina Haina, where their landlord claimed he’s owed $30,000 in unpaid rent, property damage and attorney fees.

In 2023, the couple was also evicted from a home in Kapolei and ordered to pay another $30,000 in rent, damages and fees.

And while their story may sound extreme, eviction itself isn’t rare. Landlords file an estimated 3.6 million eviction cases across the U.S. each year, according to Eviction Lab [2]. In Hawaii, just 38% of filings in 2019 resulted in an actual eviction. But every filing remained on a tenant’s record, Hawaii Appleseed Centre for Law and Economic Justice notes [3].

When asked about those evictions, Todd Brewer remained mum. When pressed on why he hasn’t paid Choy rent, he countered that the landlord failed to disclose problems with the property and plans to sue for breach of contract.

“We have huge bills for my sister’s care that we haven’t paid because we have no way to pay them,” Choy said. “And then of course, we have a huge property tax bill. We can’t pay that either.”

Screen now, save later

According to attorney Andrew Stewart, there are steps Choy could have taken early on to protect himself.

“This might have been avoided if my client had spent some more time doing something like a credit check or getting copies of pay stubs or looking at the court records,” Stewart told KHNL. “It can really save them on the backside in terms of legal fees and headaches and significant damage to the property.”

For landlords, the most expensive mistakes often happen before a tenant even moves in. A quick credit check, requesting pay stubs or running a search through public court records might sound like extra homework [4], but those steps can make the difference between steady rental income and months of unpaid bills.

Think of tenant screening as a form of insurance. Spending a little time and money up front is almost always cheaper than shelling out for legal fees, repairs or lost rent if things go south. Never underestimate the power of a paper trail. Having written documentation — from income verification to past rental history — can be a landlord’s best defense.