Bill Text: HI HB1180 | 2025 | Regular Session | Introduced
Bill Title: Relating To The Landlord Tenant Code.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced) 2025-01-27 - Referred to CPC, JHA, referral sheet 4 [HB1180 Detail]
Download: Hawaii-2025-HB1180-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1180 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the landlord tenant code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 521-69, Hawaii Revised Statutes, is amended to read as follows:
"§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] the
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] the
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[.];
or
(3) May petition a district court for a
temporary restraining order, permanent restraining order, or injunction to
compel the tenant's compliance with section 521-51; provided that:
(A) The landlord may seek an injunction
alone or may join a claim for an injunction with a summary possession claim;
(B) If the district court issues either
a preliminary or permanent injunction against the tenant and the court
subsequently determines that the tenant has violated the injunction, the court
shall issue to the landlord a judgment for possession and writ of possession;
(C) A petition for relief filed under
this subsection concerning a violation of section 521-51 shall be in writing,
shall allege that a violation of section 521-51 has occurred, and shall be
accompanied by an affidavit made under oath or a statement made under penalty
of perjury stating the specific facts and circumstances for which relief is
sought;
(D) The petition shall be set for a
return hearing and notice served on the tenant in the same manner as a
complaint for summary possession;
(E) At the return hearing, the court may
temporarily restrain the person or persons named in the petition from violating
section 521-51 upon a determination that there is probable cause to believe
that a violation of section 521-51 occurred and that an injunction is
reasonably necessary for the preservation of the property or to protect the
landlord, other tenants, or any other person.
The court may issue a temporary restraining order either in writing or
orally; provided that oral orders shall be reduced to writing by the close of
the next court day;
(F) Any order issued under this subsection
shall be served upon the tenant via personal service or certified mail, unless
the tenant was present at the hearing at which the court orally issued the order;
(G) Where service of a restraining order
or injunction has been made or where the tenant is deemed to have received
notice of a restraining order or injunction order, any knowing or intentional
violation of the restraining order or injunction order shall subject the tenant
to paragraph (L);
(H) A temporary restraining order that
is granted under this subsection shall remain in effect at the discretion of
the court for a period not to exceed ninety days from the date the order is
granted. A temporary injunction may be
extended for up to three years by the court if the landlord proves by a
preponderance of the evidence that the tenant has violated section 521-51;
(I) Upon the request of the tenant, the
court may set an evidentiary hearing to determine if a temporary restraining
order shall be dissolved, remain in effect for the initial ninety days, or
become permanent and remain in effect for up to three years. The evidentiary hearing shall be held within
ten days after a request to dissolve is received from the tenant unless a court
closure due to a holiday or other reason prevents the hearing from taking place,
in which case the hearing shall occur on the next available hearing date. The temporary restraining order shall be
considered in effect until the court hears and adjudicates any request to
dissolve the temporary restraining order;
(J) The parties named in the petition
may file written responses or give oral responses explaining, excusing,
justifying, or denying the alleged violation of section 521-51. The court shall receive at the hearing all relevant
evidence and may make independent inquiry;
(K) If the court finds by a
preponderance of the evidence that a violation of section 521-51 has occurred,
in addition to any other relief provided for by law, the court shall issue to
the landlord a judgment for possession and writ of possession for the rented
premises, effective immediately; and
(L) If the tenant violates a restraining
order issued under this subsection, the landlord may immediately file a motion
with the court regarding the violation of the restraining order and may seek a
judgment for possession and writ of possession to remove the tenant from the
rented premises. The hearing on the
motion shall be heard within ten days of its filing, unless a court closure due
to a holiday or other reason prevents the hearing from taking place, in which
case the hearing shall occur on the next available hearing date. If the matter is not resolved by motion, the
court may order an evidentiary hearing upon the request of either party. If the court finds by a preponderance of the
evidence that a violation of the temporary restraining order has occurred, the
court shall issue to the landlord a judgment for possession and writ of
possession, effective immediately. The
parties named in the petition may file written responses or give oral responses
explaining, excusing, justifying, or denying the alleged violation of the
temporary restraining order. The court
shall receive at the hearing all relevant evidence and may make independent
inquiry.
(b) 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)]
(c) 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)]
(d) 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.
(e) Nothing in this section shall be construed to prohibit constitutionally protected activities."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Landlord Tenant Code; Waste; Failure to Maintain; Unlawful Use
Description:
Authorizes
a landlord to petition a district court for a temporary restraining order,
permanent restraining order, or injunction to compel a tenant's compliance with
section 521-51, Hawaii Revised Statutes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
