reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-46 Application screening fee.

§521-46 Application screening fee.
[Section effective May 1, 2024.]
(a) When a landlord or the landlord's agent receives a request from an applicant to rent a dwelling unit, the landlord or the landlord's agent may charge the applicant an application screening fee at the time the application is processed for the dwelling unit to cover the costs of obtaining information about the applicant; provided that a landlord or the landlord's agent shall only charge an application screening fee for an applicant who is eighteen years of age or older or an emancipated minor. Information sought by the landlord or the landlord's agent charging the fee may include personal reference checks, tenant reports, criminal background checks, and credit reports produced by any consumer credit reporting agency.
(b) Upon request by the applicant, a landlord or the landlord's agent shall provide to the applicant a:
(1) Receipt for payment of the application screening fee; and
(2) Breakdown of costs covered by the application screening fee.
(c) A landlord or the landlord's agent shall return to the applicant any amount of the application screening fee that is not used for the purposes authorized by this section within thirty days after the landlord has submitted screening requests.
(d) For the purposes of this section:
"Consumer credit reporting agency" has the same meaning as in section 489P-2.
"Credit report" has the same meaning as in section 489P-2. [L 2023, c 200, §1]
Note
The office of consumer protection of the department of commerce and consumer affairs shall produce and make available informational materials regarding, and widely publicize the requirements for, application screening fees. L 2023, c 200, §2.
2023 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).
2023 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]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-53 Access.

§521-53 Access.
(a) The tenant shall not unreasonably withhold the tenant's consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants.
(b) The landlord shall not abuse this right of access nor use it to harass the tenant. Except in case of emergency or where impracticable to do so, the landlord shall give the tenant at least two days notice of the landlord's intent to enter and shall enter only during reasonable hours.
(c) The landlord shall have no other right of entry, except by court order, unless the tenant appears to have abandoned the premises, or as permitted by section 521-70(b). [L 1972, c 132, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-54 Tenant to use and occupy.

§521-54 Tenant to use and occupy.
The landlord may require, in the rental agreement, that the tenant must notify the landlord of any anticipated extended absence from the dwelling unit no later than the first day of such absence. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-55 Tenant's responsibility to inform landlord.

§521-55 Tenant's responsibility to inform landlord.
Any defective condition of the premises which comes to the tenant's attention, which the tenant has reason to believe is unknown to the landlord, and which the tenant has reason to believe is the duty of the landlord or of another tenant to repair, shall be reported by the tenant to the landlord as soon as practicable. [L 1972, c 132, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-56 Disposition of tenant's abandoned possessions.

§521-56 Disposition of tenant's abandoned possessions.
(a) When the tenant, within the meaning of section 521-70(d) or section 521-44(d), has wrongfully quit the premises, or when the tenant has quit the premises pursuant to a notice to quit or upon the natural expiration of the term, and has abandoned personalty which the landlord, in good faith, determines to be of value, in or around the premises, the landlord may sell such personalty, in a commercially reasonable manner, store such personalty at the tenant's expense, or donate such personalty to a charitable organization. Before selling or donating such personalty, the landlord shall make reasonable efforts to apprise the tenant of the identity and location of, and the landlord's intent to sell or donate such personalty by mailing notice to the tenant's forwarding address, or to an address designated by the tenant for the purpose of notification or if neither of these is available, to the tenant's previous known address. Following such notice, the landlord may sell the personalty after advertising the sale in a daily paper of general circulation within the circuit in which the premises is located for at least three consecutive days, or the landlord may donate the personalty to a charitable organization; provided that such sale or donation shall not take place until fifteen days after notice is mailed, after which the tenant is deemed to have received notice.
(b) The proceeds of the sale of personalty under subsection (a) shall, after deduction of accrued rent and costs of storage and sale, including the cost of advertising, be held in trust for the tenant for thirty days, after which time the proceeds shall be forfeited to the landlord.
(c) When the tenant has quit the premises any personalty in or around the premises left unsold after conformance to subsection (a) or otherwise left abandoned by the tenant and determined by the landlord to be of no value may be disposed of at the landlord's discretion without liability to the landlord. [L 1974, c 180, §6; am L 1981, c 154, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-61 Tenant's remedies for failure by landlord to supply possession.

§521-61 Tenant's remedies for failure by landlord to supply possession.
(a) If the landlord fails to put the tenant into possession of the dwelling unit in the agreed condition at the beginning of the agreed term:
(1) The tenant shall not be liable for the rent during any period the tenant is unable to enter into possession;
(2) At any time during the period the tenant is so unable to enter into possession the tenant may notify the landlord that the tenant has terminated the rental agreement; and
(3) The tenant shall have the right to recover damages in the amount of reasonable expenditures necessary to secure adequate substitute housing, the recovery to be made either by action brought in the district court or by deduction from the rent upon submission to the landlord of receipts totaling at least[:]
(A) The amount of abated rent; plus
(B) The amount claimed against the rent; or
(4) If the inability to enter results from the wrongful holdover of a prior occupant, the tenant may maintain a summary proceeding in the district court for possession.
(b) In any district court proceeding brought by the tenant under this section[,] the court may award the tenant substitute housing expenditures, reasonable court costs, and attorney's fees. [L 1972, c 132, pt of §1; am L 1976, c 90, §4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-62 Tenant's remedy of termination at beginning of term.

§521-62 Tenant's remedy of termination at beginning of term.
If the landlord fails to conform to the rental agreement, or is in material noncompliance with section 521-42(a), the tenant may, on notice to the landlord, terminate the rental agreement and vacate the dwelling unit at any time during the first week of occupancy. The tenant shall retain such right to terminate beyond the first week of occupancy so long as the tenant remains in possession in reliance on a promise, whether written or oral, by the landlord to correct all or any part of the condition which would justify termination by the tenant under this section. [L 1972, c 132, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-63 Tenant's remedy of termination at any time; unlawful removal or exclusion.

§521-63 Tenant's remedy of termination at any time; unlawful removal or exclusion.
(a) If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
(b) If the condition referred to in subsection (a) was caused wilfully or negligently by the landlord, the tenant may recover any damages sustained as a result of the condition.
(c) If the landlord removes or excludes the tenant from the premises overnight without cause or without court order so authorizing, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to two months rent or free occupancy for two months, and the cost of suit, including reasonable attorney's fees. If the rental agreement is terminated, the landlord shall comply with section 521-44(c). The court may also order any injunctive or other equitable relief it deems proper. If the court determines that the removal or exclusion by the landlord was with cause or was authorized by court order, the court may award the landlord the cost of suit, including reasonable attorney's fees if the attorney is not a salaried employee of the landlord or the landlord's assignee. [L 1972, c 132, pt of §1; am L 1981, c 235, §2; gen ch 1985]
Rules of Court
Injunctions, see HRCP rule 65.
Case Notes
No discretion to deny damages upon breach. 67 H. 549, 696 P.2d 839 (1985).
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-65 Tenant's remedies for fire or casualty damage.

§521-65 Tenant's remedies for fire or casualty damage.
When the dwelling unit or any part of the premises or appurtenances reasonably necessary to the benefit and enjoyment thereof is rendered partially or wholly unusable by fire or other casualty which occurs without wilful fault on the part of the tenant or a member of the tenant's family, the tenant may:
(1) Immediately quit the premises and notify the landlord of the tenant's election to quit within one week after quitting, in which case the rental agreement shall terminate as of the date of quitting, but if the tenant fails to notify the landlord of the tenant's election to quit, the tenant shall be liable for rent accruing to the date of the landlord's actual knowledge of the tenant's quitting or impossibility of further occupancy; or
(2) If continued occupancy is otherwise lawful, vacate any part of the premises rendered unusable by the fire or other casualty, in which case the tenant's liability for rent shall be no more than the fair rental value of that part of the premises which the tenant continues to use and occupy. [L 1972, c 132, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-66 Tenant's right to refund of rent, etc., on termination; return of security deposit.

§521-66 Tenant's right to refund of rent, etc., on termination; return of security deposit.
When a tenant exercises a right to terminate the rental agreement pursuant to section 521-62, 521-63, or 521-65 the landlord shall return to the tenant, not later than fourteen days after the termination, the amount of any advance rent paid apportionable to the remaining days of the term and the amount of any security deposit that the landlord is not authorized to retain pursuant to section 521-44. A return of advance rent or of a security deposit complies with the requirements of this section if it is mailed to the tenant, at an address supplied to the landlord by the tenant, by certified mail, return receipt requested, and postmarked before midnight of the fourteenth day after the date of the termination of the rental agreement. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-67 Tenant's remedy for failure by landlord to disclose.

§521-67 Tenant's remedy for failure by landlord to disclose.
If the landlord fails to comply with any disclosure requirement specified in section 521-43 within ten days after proper demand therefor by the tenant, the landlord shall be liable to the tenant for $100 plus reasonable attorney's fees. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-68 Landlord's remedies for failure by tenant to pay rent.

§521-68 Landlord's remedies for failure by tenant to pay rent.
(a) A landlord or the landlord's agent may, any time after rent is due, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than five business days after receipt thereof, the rental agreement will be terminated. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit. If the tenant remains in default, the landlord may thereafter bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession.
(b) A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action. [L 1972, c 132, pt of §1; am L 1978, c 167, §1; gen ch 1985; am L 2021, c 57, § §2, 7]
Case Notes
In action for summary possession for tenant's failure to pay rent, tenant may assert breach of implied warranty of habitability as defense. 61 H. 144, 598 P.2d 161 (1979).
Landlord was not entitled to summary possession of dwelling unit based on tenant's alleged failure to pay November rent, regardless of whether check deposited by landlord prior to expiration of five-day notice period to pay November rent was applied to November rent or December rent. 136 H. 430, 363 P.3d 278 (2015).
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-69 Landlord's remedies for tenant's waste, failure to maintain, or unlawful use.

§521-69 Landlord's remedies for tenant's waste, failure to maintain, or unlawful use.
(a) If the tenant is in material noncompliance with section 521-51, the landlord, upon learning of any such noncompliance and after notifying the tenant in writing of the noncompliance and allowing a specified time not less than ten days after receipt of the notice, for the tenant to remedy the noncompliance:
(1) May terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession if the tenant is in material noncompliance with section 521-51(1); or
(2) May remedy the tenant's failure to comply and bill the tenant for the actual and reasonable cost of such remedy if the noncompliance can be remedied by the landlord by cleaning, repairing, replacing a damaged item, or the like, which bill shall be treated by all parties as rent due and payable on the next regular rent collection date or, if the tenancy has terminated, immediately upon receipt by the tenant.
No allowance of time to remedy noncompliance shall be required when noncompliance by the tenant causes or threatens to cause irremediable damage to any person or property. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.
(b) The landlord may terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession for any material noncompliance with section 521-51 by a roomer or boarder if the roomer or boarder fails to comply within the time specified in the notice.
(c) The landlord may bring an action or proceeding for waste or for breach of contract for damage suffered by the tenant's wilful or negligent failure to comply with the tenant's obligations under section 521-51. [L 1972, c 132, pt of §1; am L 1976, c 90, §6; am L 1978, c 167, §2; am L 1983, c 146, §1; gen ch 1985]
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 §521-51(1), landlord was not authorized under subsection (a) to terminate tenant's lease. 87 H. 353 (App.), 956 P.2d 1285 (1998).
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-70 Landlord's remedies for absence, misuse, abandonment and failure to honor tenancy before occupancy.

§521-70 Landlord's remedies for absence, misuse, abandonment and failure to honor tenancy before occupancy.
(a) If the rental agreement provides for notification of the landlord by the tenant of an anticipated extended absence and the tenant fails to make reasonable efforts to comply with such requirement, the tenant shall indemnify the landlord for any damage resulting from such absence.
(b) The landlord may, during any extended absence of the tenant, enter the dwelling unit as reasonably necessary for purposes of inspection, maintenance, and safe-keeping or for the purposes permitted by section 521-53(a).
(c) Unless otherwise provided in the rental agreement, use of the dwelling unit by the tenant for any other purpose than as the tenant's abode, or nonuse of the dwelling unit, constitutes a breach of the tenant's obligations under section 521-52 and entitles the landlord to proceed as provided in section 521-72.
(d) If the tenant wrongfully quits the dwelling unit and unequivocally indicates by words or deeds the tenant's intention not to resume the tenancy, the tenant shall be liable to the landlord for the lesser of the following amounts for such abandonment:
(1) The entire rent due for the remainder of the term; or
(2) All rent accrued during the period reasonably necessary to re-rent the dwelling unit at the fair rental, plus the difference between such fair rent and the rent agreed to in the prior rental agreement and a reasonable commission for the renting of the dwelling unit. This paragraph applies if the amount calculated hereunder is less than the amount calculated under paragraph (1) whether or not the landlord re-rents the dwelling unit.
(e) If the tenant unequivocally indicates by words or deeds the tenant's intention not to honor the tenancy before occupancy, the tenant shall be liable to the landlord for the lesser of the following amounts:
(1) All moneys deposited with the landlord;
(2) One month's rent at the rate agreed upon in the rental agreement;
(3) All rent accrued from the agreed date for the commencement of the tenancy until the dwelling unit is re-rented at the fair rental, plus the difference between such fair rent and the rent agreed to in the prior rental agreement, plus reasonable costs, and a reasonable commission for the re-renting of the dwelling unit. This paragraph applies if the amount calculated hereunder is less than the amounts calculated under paragraphs (1) or (2), whether or not the landlord re-rents the dwelling unit. [L 1972, c 132, pt of §1; am L 1974, c 180, §5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-72 Landlord's remedies for improper use.

§521-72 Landlord's remedies for improper use.
(a) If the tenant breaches any rule authorized under section 521-52, the landlord may notify the tenant in writing of the tenant's breach. The notice shall specify the time, not less than ten days, within which the tenant is required to remedy the breach and shall be in substantially the following form:
"(Name and address of tenant) (date)
You are hereby notified that you have failed to perform according to the following rule:
(specify rule allegedly breached)
Be informed that if you (continue violating) (again violate) this rule after (a date not less than ten days after this notice), the landlord may terminate the rental agreement and sue for possession of your dwelling unit."
No allowance of time to remedy the breach of any rule authorized under section 521-52 shall be required when the breach by the tenant causes or threatens to cause damage to any person or constitutes a violation of section 521-51(1) or (6).
(b) If the breach complained of continues or recurs after the date specified in the notice, the landlord may bring a summary proceeding for possession within thirty days after such continued or recurring breach. [L 1972, c 132, pt of §1; am L 1976, c 90, §7; am L 1983, c 146, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-73 Landlord's and tenant's remedies for abuse of access.

§521-73 Landlord's and tenant's remedies for abuse of access.
(a) The tenant shall be liable to the landlord for any damage proximately caused by the tenant's unreasonable refusal to allow access as provided in section 521-53(a).
(b) Except for an entry under an emergency such as fire, the landlord shall be liable to the tenant for any theft, casualty, or other damage proximately caused by an entry into the dwelling unit by the landlord or by another person with the permission or license of the landlord:
(1) When the tenant is absent and has, after having been notified by the landlord of a proposed entry or entries, refused consent to any such specific entry;
(2) Without the tenant's actual consent when the tenant is present and able to consent; or
(3) In any other case, when the damage suffered by the tenant is proximately caused by the landlord's negligence.
(c) In the event of repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another with the landlord's permission or license which is unreasonable and not consented to by the tenant:
(1) The tenant may treat such actions as grounds for termination of the rental agreement;
(2) Any circuit court judge on behalf of one or more of the tenants may issue an injunction against a landlord to enjoin violation of this subsection;
(3) Any circuit court judge hearing a dispute as set out in [paragraph] (2) may also assess a fine not to exceed $100.
(d) Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent by a tenant to a particular entry, shall be void. [L 1972, c 132, pt of §1; am L 1975, c 104, §4; gen ch 1985]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-74.5 Recovery of possession limited.

§521-74.5 Recovery of possession limited.
The landlord shall not recover or take possession of a dwelling unit by the wilful interruption or diminution of running water, hot water, or electric, gas, or other essential service to the tenant contrary to the rental agreement or section 521-42, except in case of abandonment or surrender. A landlord who engages in this act shall be deemed to have engaged in an unfair method of competition or unfair and deceptive acts or practices in the conduct of any trade or commerce within the meaning of section 480-2; provided that in addition to the penalties available under section 480-3.1, there shall also be minimum damages of three times the monthly rent or $1,000, whichever is greater. [L 1987, c 125, §1; am L 1990, c 34, §33]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-75 Unconscionability.

§521-75 Unconscionability.
(a) In any court action or proceeding with respect to a rental agreement, if the court as a matter of law finds the agreement or any provision of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable provision, or it may so limit the application of any unconscionable provision as to avoid any unconscionable result.
(b) If it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
(c) For the purposes of this section, an act or practice expressly permitted by this chapter is not in itself unconscionable. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-78 Rent trust fund.

§521-78 Rent trust fund.
(a) At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subsection (c), and in the case of a proceeding in which a rent increase is in issue, the amount of the rent prior to the increase; provided that the tenant shall not be required to deposit any rent where the tenant can show to the court's satisfaction that the rent has already been paid to the landlord; provided further that if the parties had executed a signed, written instrument agreeing that the rent could be withheld or deducted, the court shall not require the tenant to deposit rent into the fund. No deposit of rent into the fund ordered under this section shall affect the tenant's rights to assert either that payment of rent was made or that any grounds for nonpayment of rent exist under this chapter.
(b) If the tenant is unable to comply with the court's order under subsection (a) in paying the required amount of rent into the court, the landlord shall have judgment for possession and execution shall issue accordingly. The writ of possession shall issue to the sheriff or to a police officer of the circuit where the premises are situated, commanding the sheriff or police officer to remove all persons from the premises, and to put the landlord, or the landlord's agent, into the full possession thereof.
(c) The court in which the dispute is being heard shall accept and hold in trust any rent deposited under this section and shall make such payments out of money collected as provided herein. The court shall order payment of such money collected or portion thereof to the landlord if the court finds that the rent is due and has not been paid to the landlord and that the tenant did not have any basis to withhold, deduct, or otherwise set off the rent not paid. The court shall order payment of such money collected or portion thereof to the tenant if the court finds that the rent is not due or has been paid, or that the tenant had a basis to withhold, deduct, or otherwise set off the rent not paid.
(d) The court shall, upon finding that either the landlord or the tenant raised the issue of payment or nonpayment of rent in bad faith, order that person to pay the other party reasonable interest on the rent deposited into the court. [L 1978, c 75, §2; am L 1981, c 235, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Cross References
Sheriff, etc., see §26-14.6.
Case Notes
Mentioned: 74 H. 294, 845 P.2d 1186 (1992).
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-81 Change of locks; victims of domestic violence.

§521-81 Change of locks; victims of domestic violence.
(a) Subject to subsections (b) and (c), if a tenant of a dwelling unit or an immediate family member of the tenant has been the victim of domestic violence and the tenant does not elect to be released from the rental agreement pursuant to section 521-80, the tenant may require the landlord to change the locks to the dwelling unit by submitting a request to the landlord to do so.
(b) Within three days of the receipt of the request in subsection (a), the landlord shall change the locks at the tenant's expense. If the landlord fails to act within the three-day period, the tenant may change the locks without the landlord's permission and shall give the landlord a key to the new locks.
(c) If the person who committed domestic violence against the tenant or immediate family member of the tenant is also a party to the rental agreement, the locks shall not be changed unless there is a court order requiring the person to vacate the dwelling unit and a copy of the order has been furnished to the landlord.
(d) The tenant shall not be required to pay any additional rent, fees, or security deposit because of the exclusion of the person who committed domestic violence from the dwelling unit.
(e) The person who committed domestic violence against the tenant or immediate family member of the tenant shall not be entitled to any damages or other relief against the landlord or the tenant who in good faith complies with this section. [L 2015, c 220, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-82 Court order to vacate; domestic violence.

§521-82 Court order to vacate; domestic violence.
(a) If a court of competent jurisdiction, in an action relating to domestic violence, has ordered the person who committed domestic violence against the tenant or immediate family member of the tenant to vacate the dwelling unit, upon issuance of the order, neither the landlord nor the tenant shall have any duty to:
(1) Allow the person access to the dwelling unit, unless the person is accompanied by a law enforcement officer; or
(2) Provide the person with keys to the dwelling unit.
(b) If the person is a party to the rental agreement, then upon issuance of the court order requiring the person to vacate the dwelling unit, the person's interest in the tenancy shall terminate, and the landlord and tenant shall be entitled to any actual damages resulting from that termination.
(c) Pursuant to section 521-80, the landlord shall return security deposits recoverable under section 521-44 and recoverable prepaid rent following the termination of the rental agreement and the surrender of the dwelling unit to the landlord.
(d) The tenant shall not be required to pay any additional rent, fees, or security deposit because of the termination of the person's interest as a tenant of the dwelling unit. [L 2015, c 220, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-1 to 523A-41 REPEALED. §523A-1 Short title.

§ §523A-1 to 523A-41 REPEALED.
L 2008, c 55, §4.
[PART I.] UNIFORM UNCLAIMED PROPERTY ACT
Revision Note
Enacted as a new chapter, this part was redesignated as Part I of this chapter pursuant to §23G-15. References to "chapter" throughout this part changed to "part".
§523A-1 Short title.
This part may be cited as the Uniform Unclaimed Property Act. [L 2008, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-3.5 Gift certificates and gift cards.

§523A-3.5 Gift certificates and gift cards.
(a) This part shall not apply to a gift certificate or gift card; provided the gift certificate or gift card has no expiration date, no expiration period, and no type of post-sale charge or fee (including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges).
(b) This part shall not apply to a gift certificate or gift card that has an expiration date, expiration period, or any type of post-sale charge or fee, including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges if:
(1) The gift certificate or gift card was issued before January 1, 2010; and
(2) It is the policy and practice of the issuer of the gift certificate or gift card to:
(A) Honor the gift certificate or gift card after its expiration date or the end of its expiration period; and
(B) Eliminate all post-sale charges and fees.
(c) As used in this section, "gift certificate" or "gift card":
(1) Means a written promise or electronic payment device that:
(A) Is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers;
(B) Is issued in a specific amount (which may or may not be denominated on the gift certificate or gift card);
(C) May or may not be increased in value or reloaded;
(D) Is purchased, or loaded, or both, on a prepaid basis for the future purchase or delivery of any goods or services; and
(E) Is honored upon presentation.
(2) Shall not include:
(A) An electronic payment device linked to a deposit account, or prepaid telephone calling cards;
(B) Flexible spending arrangements as defined in section 106(c)(2) of the Internal Revenue Code (26 U.S.C. 106(c)(2)); flexible spending accounts subject to section 125 of the Internal Revenue Code (26 U.S.C. 125), Archer MSAs as defined in section 220(d) of the Internal Revenue Code (26 U.S.C. 129); dependent care reimbursement accounts subject to section 129 of the Internal Revenue Code (26 U.S.C. 129); health savings accounts subject to section 223(d) of the Internal Revenue Code (26 U.S.C. 223(d)), as amended by section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (P.L. 108-173); or similar accounts for which, under the Internal Revenue Code and its implementing regulations, individuals may pay medical expenses, health care expenses, dependent care expenses, or similar expenses on a pretax basis. As used in this subparagraph, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended; and
(C) Payroll cards or other electronic payment devices that are linked to a deposit account and that are given in exchange for goods or services rendered. [L 2008, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-4 Contents of safe deposit box or other safekeeping depository.

§523A-4 Contents of safe deposit box or other safekeeping depository.
Tangible property held in a safe deposit box or other safekeeping depository in this State in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, shall be presumed abandoned if the property remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository. [L 2008, c 55, pt of §1]