Bill Text: HI HB391 | 2021 | Regular Session | Amended
Bill Title: Relating To The Residential Landlord-tenant Code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-05-26 - Act 019, on 05/25/2021 (Gov. Msg. No. 1119). [HB391 Detail]
Download: Hawaii-2021-HB391-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
391 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish a process for the early termination of a rental agreement for certain active duty servicemembers who:
(1) Receive military orders to vacate civilian housing and move into on-post government quarters;
(2) Become eligible to live in on-post government quarters and failure to move into on-post government quarters will result in a forfeiture of basic allowance for housing; or
(3) Die while serving on active duty.
SECTION 2. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§521- Early termination of tenancy; servicemember tenants. (a)
A servicemember tenant may terminate a rental
agreement of a term of one year or less without penalty or fees for early termination
or liability for future rent if the servicemember tenant:
(1) Receives military
orders requiring the servicemember tenant to vacate civilian housing and move into
on-post government quarters; or
(2) Becomes eligible
to live in on-post government quarters and failure to move into on-post government
quarters will result in a forfeiture of the tenant's basic allowance for housing;
provided that the servicemember
tenant submits at least thirty days written notice to the landlord.
(1) Receives military
orders requiring the servicemember tenant to vacate civilian housing and move into
on-post government quarters; or
(2) Becomes eligible
to live in on-post government quarters and failure to move into on-post government
quarters will result in a forfeiture of the servicemember tenant's basic allowance
for housing;
provided that the servicemember
tenant submits at least fifteen days written notice to the landlord.
(c) The written notice required under subsection (a)
or (b) shall be accompanied by one of the following documents:
(1) A copy of official
military orders; or
(2) A written verification
signed by the servicemember tenant's commanding officer.
(d) In the event a servicemember tenant dies during
active duty, an adult member of the servicemember tenant's family may terminate
a rental agreement of a term of one year or less, or a rental agreement with a month
to month tenancy agreement, without penalty or fees for early termination or
liability for future rent if the family member provides at least fifteen days written
notice to the landlord. The notice shall
be accompanied by a copy of the servicemember tenant's death certificate and:
(1) A copy of official
military orders showing the servicemember tenant was on active duty; or
(2) A written verification
signed by the servicemember tenant's commanding officer.
(e) If the servicemember tenant is solely liable
on the rental agreement, the rental agreement shall terminate on the early
termination date described in subsection (a), (b), or (d), and the servicemember
tenant or servicemember tenant's estate or family member, as applicable, shall
be liable for rent owed through the early termination date plus any previous obligations
outstanding as of that date. The amount
due from the servicemember tenant shall be paid to the landlord on or before
the early termination date.
(f) If there are multiple tenants who are parties
to the rental agreement, the release of one or more servicemember tenants under
this section shall not terminate the rental agreement with respect to the other
non-terminating tenants; provided that the other non-terminating tenants
demonstrate an ability to pay the rent under the rental agreement, as determined
by the landlord. If the other
non-terminating tenants fail to demonstrate an ability to pay the rent, the landlord
may terminate the rental agreement by giving notice of early termination to the
other non-terminating tenants at least fourteen days prior to the early
termination date specified in the notice; provided that the landlord shall not
assess any penalty or fees for the early termination. The amount due from the other non-terminating
tenants shall be paid to the landlord on or before the early termination date.
The landlord shall not be required
to refund security deposits under section 521-44 or prepaid rent until:
(1) The rental
agreement terminates with respect to all tenants and the dwelling unit is
surrendered to the landlord; or
(2) Early
termination is effected pursuant to this subsection, in which case each
terminating tenant shall receive a prorated share of any security deposit or
prepaid rent from the landlord upon termination of the rental agreement;
provided that the percentage of any security deposit to be returned shall be
determined by the parties in writing; provided further that if there is no
determination made by the parties regarding the percentage share of the
security deposit, the landlord shall be permitted to refund the security
deposit in equal shares to each tenant on the rental agreement.
(g) If a servicemember tenant or an adult member of
the servicemember tenant's family submits notice of early termination in
compliance with this section, the landlord shall:
(1) Return a
prorated share of all security deposits recoverable by the terminating servicemember
tenant or the terminating servicemember tenant's family member under section
521-44 and prepaid rent recoverable by the terminating servicemember tenant or the
terminating servicemember tenant's family member following the tenant's or family
member's surrender of the dwelling unit, except as otherwise provided in
subsection (f); provided that the landlord may withhold a prorated amount of
the security deposit for payment of damages that the landlord has suffered by
reason of the terminating servicemember tenant's noncompliance with section 521-51;
and
(2) Not assess any
fee or penalty against the terminating servicemember tenant or the terminating servicemember
tenant's family member for exercising any right granted under this section.
(h) This section shall not affect a servicemember
tenant's liability for delinquent, unpaid rent, or other amounts owed to the
landlord before the rental agreement was terminated by the servicemember tenant
or servicemember tenant's family member under this section.
(i) Nothing in this section shall be construed to infringe
upon or affect in any way the rights a servicemember tenant may have under the federal
Servicemembers Civil Relief Act, P.L. 108-189, or chapter 657D.
(j) For the purposes of this section, "servicemember
tenant" means an active duty member of the regular or reserve component of
the United States armed forces, the United States Coast Guard, or the Hawaii National
Guard, who is on ordered federal duty for a period of ninety days or more and who
is a party to a rental agreement under this chapter."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3050.
Report Title:
Residential Landlord-Tenant Code; Rental Agreements; Early Termination; Servicemembers; Servicemember Tenant
Description:
Establishes a process for the early termination of a rental agreement for certain active duty servicemembers who receive military orders to vacate civilian housing and move into on-post government quarters; become eligible to live in on-post government quarters and failure to move into on-post government quarters will result in a forfeiture of basic allowance for housing; or die while serving on active duty. Effective 7/1/3050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
