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. [L 1929, c 93, 2; RL 1935, 4017; am L 1939, c 20, 1; RL 1945, 10402; am L 1949, c 39, 1; RL 1955, 240-2; HRS 666-2]

 

Case Notes

 

Written notice is required to terminate a tenancy where tenant has failed to pay the rent. 360 F. Supp. 620 (1973).

Holding over. 6 H. 666 (1887).

Applicable where landlord entitled to possession under rent control ordinance. 38 H. 250 (1948).

Notice of rental increase did not constitute termination of month-to-month tenancy since it contained no notice of termination of the tenancy. 1 H. App. 87, 613 P.2d 1336 (1980).

Terms of sublease created month-to-month tenancy; does not prohibit agreement for termination upon condition subsequent and 120 days' notice. 5 H. App. 146, 682 P.2d 82 (1984).

Cited: 41 H. 124, 135 (1955).

 

 

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