HAWAII REVISED STATUTES

CHAPTER 666
(Updated November 1, 1997)

CIVIL REMEDIES, DEFENSES, SPECIAL PROCEEDINGS

LANDLORD AND TENANT

 

PART I. GENERALLY

666-1 SUMMARY POSSESSION ON TERMINATION OR FORFEITURE OF LEASE

666-2 TENANCY FROM MONTH TO MONTH, ETC.; TERMINATION, EXTENSION

666-3 FORFEITURE, WARNING, NOTICE TO VACATE, REFUNDS

666-4 ORAL LEASES NOT EXCEEDING ONE YEAR, VALID

666-5 ACCEPTANCE OF RENT DURING LITIGATION, EFFECT OF

666-6 SUMMARY POSSESSION PROCEEDINGS; VENUE

666-7 JURISDICTION; JOINDER

666-8 SERVICE

666-9 RETURN DAY

666-10 REPEALED

666-11 JUDGMENT; WRIT OF POSSESSION

666-12 HOW WRIT EXECUTED

666-13 EFFECT OF WRIT

666-14 WRIT STAYED HOW, IN PROCEEDINGS FOR NONPAYMENT OF RENT

666-15 - 19 REPEALED

666-20 RENT CONTROL ORDINANCES

666-21 RENT TRUST FUND


HRS Section 666-1 Summary possession on termination or forfeiture of lease.

Whenever any lessee or tenant of any lands or tenements, or any person holding under the lessee or tenant, holds possession of lands or tenements without right, after the termination of the tenancy, either by passage of time or by reason of any forfeiture, under the conditions or covenants in a lease, or, if a tenant by parol, by a notice to quit of at least ten days, the person entitled to the premises may be restored to the possession thereof in manner hereinafter provided.

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HRS Section 666-2 Tenancy from month to month, etc.; termination, extension.

Notwithstanding other provisions of law to the contrary, when real property is rented for an indefinite time with monthly or other periodic rent reserved, such holding shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall only be terminated by written notice to vacate or of intention to vacate given twenty-five days or more preceding the end of any month or period by either landlord or tenant to the other; provided that when any tenant, without such notice having been given by either landlord or tenant to the other, retains possession of rented premises for any period of time after the expiration of such month or period, a valid and enforceable tenancy shall be thereby created for an additional month or period, as the case may be; provided further that when a tenant under such a tenancy fails to pay the rent reserved at the time agreed upon, the landlord may terminate the tenancy by giving to the tenant a written notice to vacate of not less than five days.

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HRS Section 666-3 Forfeiture, warning, notice to vacate, refunds.

(a) Any tenancy created by or described in section 666-2 shall be subject to forfeiture where the tenant or any invitee or employee of the tenant commits any act, or causes any condition to exist, within or upon the rented premises which act or condition constitutes a nuisance as defined in section 712-1270.

(b) A written notice shall first be delivered by the landlord to the tenant warning the tenant to abate or cause to be abated the common nuisance within twenty-four hours from the time the notice is delivered. If the common nuisance complained of remains unabated after twenty-four hours from the time the notice is delivered to the tenant, the landlord may terminate the tenancy by a written notice to vacate the premises within five days from the date the second notice is delivered to the tenant. Where rent has been paid in advance by the tenant, refund shall be made by the landlord of the amount of rent so paid covering the period from the date the rent was paid to and including the date the premises are vacated. If the tenant fails or refuses to vacate the premises within five days from the date of delivery of the second notice, then in case rent has been paid in advance, the landlord shall make a tender of the amount of the refund of rent to which the tenant would have been entitled had the tenant vacated the premises upon the date the notice to vacate was delivered to the tenant. Thereafter, upon the continued failure or refusal on the part of the tenant to vacate, the landlord may proceed, without further notice, to evict the tenant in any manner authorized by law.

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HRS Section 666-4 Oral leases not exceeding one year, valid.

Notwithstanding other provisions of law to the contrary, oral leases of real property for any period not exceeding one year shall be valid and enforceable to all intents and purposes as if in writing.

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HRS Section 666-5 Acceptance of rent during litigation, effect of.

When any legal proceedings are brought by a landlord to evict a tenant, whether by summary possession proceedings or an action in the nature of an action of ejectment or otherwise, the acceptance of rent by the landlord during the litigation shall not be construed as a recognition of the tenancy and shall be without prejudice to the landlord's legal rights at the inception of the proceedings.

In the event the eviction proceedings of whatever nature are successful any rent so paid shall be construed as damages for withholding the occupancy of the premises involved from the landlord.

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HRS Section 666-6 Summary possession proceedings; venue.

In the case of summary possession proceedings, the person entitled to the possession of the premises shall bring and prosecute the person's action in the district court of the circuit wherein the lands and premises in question are situated.

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HRS Section 666-7 Jurisdiction; joinder.

In any action for summary possession begun under this chapter, the plaintiff may join claims for rent, lodging, board, profits, damages, and waste, where these arise out of and refer to the land or premises, irrespective of the amount claimed.

In any such action, whether the ground or cause is nonpayment of rent or otherwise, the plaintiff may join in the action a prayer for accrued rent due, if any, and also for rent, profits, and damages up to the time of judgment, if such is rendered in the plaintiffs favor, without prejudice to such action or ground for summary possession as may be set forth in the complaint.

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HRS Section 666-8 Service.

The summons shall be served as provided by the rules of court.

In the event that any defendant cannot be served within the circuit, service may be made in any part of the State.

If any defendant cannot be served with process within the State, and the facts shall appear by affidavit or otherwise to the satisfaction of the court, service as to such defendant may be made according to the special order of the court, but such order shall in any case include a direction to the officer to leave a certified copy of the complaint and summons with some agent or employee of mature years of the defendant, provided the agent or employee can be found upon the premises or elsewhere within the circuit, and also to affix in a conspicuous place upon the premises (as upon the wall of any store, shop, dwelling, or other building thereon, and if there is no such building, then upon some other permanent object thereon, as a tree or fence) a certified copy of the complaint and summons. The order shall further require that a certified copy of the complaint and summons be sent to the defendant by certified or registered mail, postage prepaid, unless it is shown by affidavit or otherwise to the satisfaction of the court that the address of the defendant is unknown and cannot be ascertained.

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HRS Section 666-9 Return day.

The summons shall be returnable within such time as is fixed by the court in conformity with the rules of court.

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HRS Section 666-10 Repealed.

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HRS Section 666-11 Judgment; writ of possession.

If it is proved to the satisfaction of the court that the plaintiff is entitled to the possession of the premises, the plaintiff shall have judgment for possession, and for the plaintiff's costs. 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 plaintiff, or the plaintiffs agent, into the full possession thereof.

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HRS Section 666-12 How writ executed.

The officer to whom the writ for delivering possession is directed and delivered shall execute the same according to the tenor thereof.

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HRS Section 666-13 Effect of writ.

Whenever a writ is issued for the removal of any tenant, the contract for the use of the premises, if any exists, and the relation of landlord and tenant between the parties, shall be deemed to be canceled and annulled.

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HRS Section 666-14 Writ stayed how, in proceedings for nonpayment of rent.

The issuing of the writ of possession shall be stayed in the case of a proceeding for the nonpayment of rent, if the person owing the rent, before the writ is actually issued, pays the rent due and interest thereon at the rate of eight per cent a year and all costs and charges of the proceedings, and all expenses incurred by plaintiff, including a reasonable fee for the plaintiff's attorney.

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HRS Sections 666-15 to 666-19 Repealed.

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HRS Section 666-20 Rent control ordinances.

Nothing in this chapter shall be deemed to authorize the eviction of a tenant contrary to any rent control ordinance declaring an emergency arising out of a housing shortage and prohibiting termination of tenancies or restricting the grounds for termination thereof; pursuant to the powers conferred by section 62-34(11) and section 70-65, so long as such emergency continues.

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HRS Section 666-21 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 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 to 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, ordering the sheriff or police officer to remove all persons and possessions from the premises, and to put the landlord, or the landlord's agent, into full possession of the premises.

(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 payments out of money collected as provided in this section. The court shall order payment of the 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 the 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, upon finding that either the landlord or the tenant raised the issue of payment or nonpayment of rent in bad faith, shall order that person to pay the other party reasonable interest on the rent deposited into the trust.

HRS 521-1 to 521-45 | HRS 521-51 to End | HRS 666


HAWAII LAWS (SELECTED)
Courts, Court Officers | Landlord-Tenant | Vehicles
TAXATION
General Excise Tax | Transient Accommodations Tax | Use Tax

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