reglab/housing_qa huggingface dataset:
HI Rev Stat § 521-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-7 Exclusions from application of chapter.

  §521-7 Exclusions from application of chapter. Unless created solely to avoid the application of this chapter, this chapter shall not apply to:  (1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, geriatric, educational, religious, or similar services;  (2) Residence in a structure directly controlled and managed by:  (A) The University of Hawaii or any other university or college in the State for housing its own students or faculty or residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university; or  (B) A private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State;  (3) Occupancy under a bona fide contract of sale of the dwelling unit or the property of which it is a part where the tenant is, or succeeds to the interest of, the purchaser;  (4) Residence by a member of a fraternal organization in a structure operated without profit for the benefit of the organization;  (5) Transient occupancy on a day-to-day basis in a hotel or motel;  (6) Occupancy by an employee of the owner or landlord whose right to occupancy is conditional upon that employment or by a pensioner of the owner or landlord or occupancy for a period of up to four years subsequent thereto, pursuant to a plan for the transfer of the dwelling unit or the property of which it is a part to the occupant;  (7) A lease of improved residential land for a term of fifteen years or more, measured from the date of the commencement of the lease;  (8) Occupancy by the prospective purchaser after an accepted offer to purchase and prior to the actual transfer of the owner's rights;  (9) Occupancy by the seller of residential real property after the transfer of the seller's ownership rights;  (10) Occupancy in a homeless facility or any other program for the homeless authorized under part XVII of chapter 346;  (11) Residence or occupancy in a public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program;  (12) Residence or occupancy in a transitional facility for abused family or household members; or  (13) Residence or occupancy in a structure or on a property directly controlled, owned, or managed by the Hawaii public housing authority. [L 1972, c 132, pt of §1; am L 1986, c 112, §1; am L 1988, c 307, §1; am L 1991, c 18, §1 and c 212, §8; am L 1994, c 248, §1; am L 1995, c 43, §1; am L 1997, c 350, §14; am L 1998, c 11, §27; am L 2005, c 196, §26(a); am L 2006, c 24, §6 and c 180, §16; am L 2007, c 193, §5 as superseded by c 249, §30; am L 2010, c 89, §11; am L 2012, c 43, §1; am L 2017, c 114, §1; am L 2018, c 194, §2]
HI Rev Stat § 521-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-9 Notice, notification, knowledge, etc.

  §521-9 Notice, notification, knowledge, etc. (a) A person has notice of a fact when:  (1) The person has actual knowledge of it; or  (2) The person has received a notice or notification of it; or  (3) From all the facts and circumstances known to the person at the time in question the person has reason to know of it.  (b) A person knows or has knowledge of a fact when the person has actual knowledge of it. The terms "discover" or "learn" or terms of similar import refer to knowledge rather than reason to know. The time and circumstances under which a notice or notification ceases to be effective are not determined by this chapter.  (c) A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:  (1) It comes to the person's attention; or  (2) It is delivered at the place of business through which the rental agreement was made or at any place held out as the place for receipt of such communications.  (d) Notice, knowledge, or a notice or notification received by a person other than an individual is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction or from the time it should have been brought to the individual's attention, whichever time is earlier. [L 1972, c 132, pt of §1; gen ch 1993]
HI Rev Stat § 521-10 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-10 Duties; obligation of good faith.

  §521-10 Duties; obligation of good faith. Every duty imposed by this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [L 1972, c 132, pt of §1]
HI Rev Stat § 521-11 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-11 Time; reasonable time.

  §521-11 Time; reasonable time. (a) Whenever this chapter requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.  (b) What is a reasonable time for taking any action depends on the nature, purpose, and circumstances of the action. [L 1972, c 132, pt of §1]
HI Rev Stat § 521-21 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-21 Rent.

  §521-21 Rent. (a) The landlord and tenant may agree to any consideration, not otherwise prohibited by law, as rent. In the absence of such agreement, and subject to section 521-71(e) in the case of holdover tenants, the tenant shall pay to the landlord the fair rental value for the dwelling unit.  (b) Rents shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of any term for one month or less, and for longer terms in equal monthly installments payable at the beginning of each month. When a rental agreement with a public assistance recipient requires that the rent be paid on or before the third day after the day on which the public assistance check is usually received, the tenant shall have the option of establishing a new due date by making a one-time payment to cover the period between the original due date and the newly established date. The new date shall not exceed by more than three days, excluding Saturdays, Sundays, and holidays, the date on which checks are mailed. The one-time payment shall be established by dividing the monthly rental by thirty and multiplying the result by the number of days between the original and the new due dates.  (c) Except as otherwise provided in subsection (b), rent shall be uniformly apportionable from day to day.  (d) When the tenancy is from month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given forty-five consecutive days prior to the effective date of the increase.  (e) When the tenancy is less than month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given fifteen consecutive days prior to the effective date of the increase.  (f) Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due. [L 1972, c 132, pt of §1; am L 1974, c 180, §1; am L 1978, c 124, §1; am L 1989, c 383, §2; am L 2017, c 179, §1] Note  Applicability of 2017 amendment. L 2017, c 179, §3.
HI Rev Stat § 521-22 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-22 Term of rental agreement.

  §521-22 Term of rental agreement. The landlord and tenant may agree in writing to any period as the term of the rental agreement. In the absence of such agreement, the tenancy shall be month to month or, in the case of boarders, week to week. [L 1972, c 132, pt of §1]
HI Rev Stat § 521-31 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-31 Waiver; agreement to forego rights; settlement of claims.

  §521-31 Waiver; agreement to forego rights; settlement of claims. (a) Except as otherwise provided in this chapter, a tenant or landlord may not waive or agree to forego rights or remedies under this chapter.  (b) A claim by a tenant against a landlord for violation of this chapter or a claim by a landlord against a tenant for default or breach of duty imposed by this chapter, if disputed in good faith, may be settled by agreement.  (c) A claim, whether or not disputed, against a tenant or landlord may be settled for less value than the amount claimed.  (d) A settlement in which the tenant or landlord waives or agrees to forego rights or benefits under this chapter is invalid if the court, as a matter of law, finds the settlement to have been unconscionable at the time it was made. The competence of the tenant or landlord, any deception or coercion practiced against the tenant or landlord, the nature and extent of the legal advice received by the tenant or landlord, and the nature and value of the consideration are relevant to the issue of unconscionability. [L 1972, c 132, pt of §1; gen ch 1985]
HI Rev Stat § 521-32 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-32 Separation of rents and obligations to property forbidden.

  §521-32 Separation of rents and obligations to property forbidden. Any agreement, conveyance, or trust instrument which authorizes a person other than the beneficial owner to act as the landlord of a dwelling unit shall operate, regardless of its terms, to authorize and require such person to use rents to conform with this chapter and any other law, code, ordinance, or regulation concerning the maintenance and operation of the premises. [L 1972, c 132, pt of §1]
HI Rev Stat § 521-33 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-33 Landlord's waiver of liability prohibited.

  §521-33 Landlord's waiver of liability prohibited. A provision in a rental agreement exempting or limiting the landlord, or requiring the tenant to indemnify the landlord, from liability for damages to persons or property caused by or resulting from the acts or omissions of the landlord, the landlord's agents, servants, or employees, in or about the dwelling unit covered thereby or in or about the premises of which it is a part is void. [L 1972, c 132, pt of §1; gen ch 1985]
HI Rev Stat § 521-34 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-34 Authorization to confess judgment prohibited.

  §521-34 Authorization to confess judgment prohibited. A tenant may not authorize any person to confess judgment on a claim arising out of a rental agreement of any dwelling unit. An authorization in violation of this section is void. [L 1972, c 132, pt of §1]
HI Rev Stat § 521-35 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-35 Attorney's fees.

  §521-35 Attorney's fees. (a) A rental agreement may provide for the payment by the tenant of the costs of a suit, for unpaid rent, and reasonable attorney's fees not in excess of twenty-five per cent of the unpaid rent after default and referral to an attorney not a salaried employee of the landlord or the landlord's assignee.  (b) A rental agreement may further provide that reasonable attorney's fees and costs may be awarded to the prevailing party in all other matters arising under this chapter.  (c) A provision in violation of this section is unenforceable. [L 1972, c 132, pt of §1; gen ch 1985; am L 1986, c 103, §1]
HI Rev Stat § 521-36 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-36 Effect of termination.

  §521-36 Effect of termination. Except as otherwise provided in this chapter, whenever a landlord or tenant exercises a right to terminate a rental agreement, the obligations of each party to the rental agreement shall cease upon the final discharge of all obligations imposed by the rental agreement and by this chapter. [L 1972, c 132, pt of §1]
HI Rev Stat § 521-37 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-37 Subleases and assignments.

  §521-37 Subleases and assignments. (a) Unless otherwise agreed to in a written rental agreement and except as otherwise provided in this section, the tenant may sublet the tenant's dwelling unit or assign the rental agreement to another without the landlord's consent.  (b) Subsection (a) does not apply to a tenant of a dwelling unit administered, owned, or subsidized by the United States, the State, a county, or any agency thereof.  (c) A written rental agreement may provide that the tenant's right to sublet the tenant's dwelling unit or assign the rental agreement is subject to the consent of the landlord. [L 1972, c 132, pt of §1; gen ch 1985]
HI Rev Stat § 521-38 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-38 Tenants subject to rental agreement; notice of conversions.

  §521-38 Tenants subject to rental agreement; notice of conversions. When a period of tenancy is pursuant to any rental agreement and where a landlord contemplates conversion to a condominium property regime under chapter 514B, the landlord shall provide notice to the tenant at least one hundred twenty days in advance of the termination of the rental agreement. [L 1980, c 189, §1; am L 1981, c 211, §1; am L 1985, c 164, §5; am L 1988, c 65, §2; am L 2004, c 164, §24; am L 2008, c 28, §18; am L 2017, c 181, §37]
HI Rev Stat § 521-39 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-39 Medical cannabis; tenant use; eviction.

  §521-39 Medical cannabis; tenant use; eviction. A provision in a rental agreement allowing for eviction of a tenant who has a valid certificate for the medical use of cannabis as provided in section 329-123 in any form is void, unless the rental agreement allows for eviction for smoking tobacco and the medical cannabis is used by means of smoking; provided that this section shall not apply where the articles of incorporation, declaration, bylaws, administrative rules, house rules, association documents, or a similar document of a condominium property regime or planned community association prohibits the medical use of cannabis. [L 2014, c 60, §1; am L 2017, c 170, §2]
HI Rev Stat § 521-41 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-41 Landlord to supply possession of dwelling unit.

  §521-41 Landlord to supply possession of dwelling unit. The landlord shall, at the beginning of the agreed term, deliver possession of the dwelling unit to the tenant in the agreed condition unless otherwise agreed prior to delivery of possession. The landlord may bring an action for possession against any person wrongfully in possession including a holdover tenant. [L 1972, c 132, pt of §1]
HI Rev Stat § 521-42 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-42 Landlord to supply and maintain fit premises.

  §521-42 Landlord to supply and maintain fit premises. (a) The landlord shall at all times during the tenancy:  (1) Comply with all applicable building and housing laws materially affecting health and safety;  (2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition;  (3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition;  (4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear;  (5) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials; and  (6) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant.  Prior to the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided. Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant. In an action arising under this section, the executed copy of the inventory shall be presumed to be correct. If the landlord fails to make such an inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy shall be rebuttably presumed to be the same as when the tenant first occupied the premises.  (b) The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, and minor remodeling only if:  (1) The agreement of the landlord and tenant is entered into in good faith and is not for the purpose of evading the obligations of the landlord;  (2) The work to be performed by the tenant is not necessary to cure noncompliance by the landlord with section 521-42(a)(1); and  (3) The agreement of the landlord and tenant does not diminish the obligations of the landlord to other tenants. [L 1972, c 132, pt of §1; am L 1976, c 90, §1; am L 1981, c 235, §1; gen ch 1985; am L 1989, c 143, §1] Case Notes  Where landlord failed to present the required inventory documenting the condition of the property at the time landlord accepted payment for the initial monthly rent and entered into the oral rental agreement with tenants, pursuant to subsection (a), the condition of the property at the termination of the oral rental agreement was presumed to be the same as when tenants first occupied the property pursuant to the oral agreement; since no evidence was presented by landlord to rebut this presumption, the trial court's award to landlord for damages to the property was improper. 112 H. 302 (App.), 145 P.3d 845 (2006).
HI Rev Stat § 521-45 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-45 Limitation of landlord and management liability.

  §521-45 Limitation of landlord and management liability. (a) Unless otherwise agreed, a landlord who conveys premises which include a dwelling unit subject to a rental agreement in a good faith sale to a person not connected with the landlord discloses, in writing, in any form of contract for the sale of such premises is relieved of liability under the rental agreement and under this chapter as to events occurring subsequent to the conveyance.  (b) The new owner who purchases the premises referred to in subsection (a) is liable under the rental agreement and under this chapter.  (c) Unless otherwise agreed, a person who is a manager of premises which include a dwelling unit subject to a rental agreement is relieved of liability under the rental agreement and under this chapter as to events occurring subsequent to the termination of the person's management. [L 1972, c 132, pt of §1; am L 1976, c 90, §3; gen ch 1985]
HI Rev Stat § 521-51 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-51 Tenant to maintain dwelling unit.

  §521-51 Tenant to maintain dwelling unit. Each tenant shall at all times during the tenancy:  (1) Comply with all applicable building and housing laws materially affecting health and safety;  (2) Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit;  (3) Dispose from the tenant's dwelling unit all rubbish, garbage, and other organic or flammable waste in a clean and safe manner;  (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;  (5) Properly use and operate all electrical and plumbing fixtures and appliances in the dwelling unit or used by the tenant;  (6) Not permit any person on the premises with the tenant's permission to wilfully destroy, deface, damage, impair, or remove any part of the premises which include the dwelling unit or the facilities, equipment, or appurtenances thereto, nor oneself do any such thing;  (7) Keep the dwelling unit and all facilities, appliances, furniture, and furnishings supplied therein by the landlord in fit condition, reasonable wear and tear excepted; and  (8) Comply with all obligations, restrictions, rules, and the like which are in accordance with section 521-52 and which the landlord can demonstrate are reasonably necessary for the preservation of the property and protection of the persons of the landlord, other tenants, or any other person. [L 1972, c 132, pt of §1; gen ch 1985; am L 1989, c 143, §2] Case Notes  Where no evidence that tenant's failure to replace damaged tiles constituted a violation of applicable building and housing laws materially affecting health and safety under paragraph (1), landlord was not authorized under §521-69(a) to terminate tenant's lease. 87 H. 353 (App.), 956 P.2d 1285 (1998).
HI Rev Stat § 521-52 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-52 Tenant to use properly.

  §521-52 Tenant to use properly. (a) The tenant shall comply with all obligations or restrictions, whether denominated by the landlord as rules, or otherwise, concerning the tenant's use, occupancy, and maintenance of the tenant's dwelling unit, appurtenances thereto, and the premises of which the dwelling unit is a part, if:  (1) Such obligations or restrictions are brought to the attention of the tenant at the time of the tenant's entry into the rental agreement; or  (2) Such obligations or restrictions, if not so known by the tenant at the time of the tenant's entry into the rental agreement, are brought to the attention of the tenant and, if they work a substantial modification of the tenant's bargain under the rental agreement, are consented to in writing by the tenant.  (b) No such obligation or restriction shall be enforceable against the tenant unless:  (1) It is for the purpose of promoting the convenience, safety, or welfare of the tenants of the property, or for the preservation of the landlord's property from abusive use, or for the fair distribution of services and facilities held out for the tenants generally;  (2) It is reasonably related to the purpose for which it is established;  (3) It applies to all tenants of the property in a fair manner; and  (4) It is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply.  (c) In a rental agreement for a single family residence, a landlord shall not prohibit a tenant from erecting, maintaining, or displaying an otherwise legal sign or outdoor advertising device that urges voters to vote for or against any person or issue; provided that reasonable restrictions are permissible for purposes of complying with applicable building and housing laws affecting health and safety.  (d) If the dwelling unit is a unit in a condominium, the tenant shall comply with the bylaws of the association under chapter 514B, and if the dwelling unit is an apartment in a cooperative housing corporation, the tenant shall comply with the bylaws of the corporation. [L 1972, c 132, pt of §1; gen ch 1985; am L 1988, c 65, §2; am L 2003, c 194, §2; am L 2008, c 28, §38; am L 2017, c 181, §38]