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. [CC 1859, 940; am L 1905, c 95, 1; RL 1925, 2779; RL 1935, 4014; RL 1945, 10405; RL 1955, 240-6; HRS 666-6; am L 1972, c 90, 8(c); gen ch 1985]

 

Rules of Court

 

See DCRCP rule 3(b), (c)(4).

 

Case Notes

 

Necessary to allege relation of landlord and tenant exists or has existed, how such tenancy was created, whether by lease or parol, when and how terminated and that required notice to quit was given. 4 H. 154, 157 (1879); 13 H. 385 (1901); 22 H. 739 (1915).

Complaint held sufficient. 15 H. 632 (1904).

Right to possession, not title in issue. 20 H. 712 (1911); 22 H. 129 (1914).

The question of whether the right of trial by jury guaranteed by article I, 10, state constitution, applies to a summary possession proceeding was raised but not decided. 58 H. 276, 567 P.2d 1239 (1977).

Actions to dispossess lessees involving short-term rental agreements or other leases that grant lessees solely the right of possession may only be adjudicated in district court pursuant to this section. 74 H. 294, 845 P.2d 1186 (1992).

Cited: 6 H. 407, 408 (1883).

 

 

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