Landlord Tenant Code
Amends definition of "tenant" to include guests. Prohibits tenants from possessing, manufacturing, selling, or distributing dangerous or harmful drugs or drug paraphernalia. Authorizes landlord to rely upon notice or reports issued by law enforcement in termination proceedings.
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
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 521-8, Hawaii Revised Statutes, is amended by amending the definition of "tenant" to read as follows:
""Tenant" means any person who occupies a dwelling unit for dwelling purposes under a rental agreement[
.], and includes any person permitted by the tenant to use or occupy the dwelling unit, whether or not consented to by the landlord."
SECTION 2. Section 521-51, Hawaii Revised Statutes, is amended to read as follows:
"§521-51 Tenant to maintain dwelling unit. Each tenant [
shall], at all times during the tenancy[ :], shall:
(1) Comply with all applicable building and housing laws materially affecting health and safety;
(2) Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit;
(3) Dispose from the tenant's dwelling unit all rubbish, garbage, and other organic or flammable waste in a clean and safe manner;
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
(5) Properly use and operate all electrical and plumbing fixtures and appliances in the dwelling unit or used by the tenant;
(6) Not permit any person on the premises with the tenant's permission to wilfully destroy, deface, damage, impair, or remove any part of the premises which include the dwelling unit or the facilities, equipment, or appurtenances thereto, nor oneself do any such thing;
(7) Keep the dwelling unit and all facilities, appliances, furniture, and furnishings supplied therein by the landlord in fit condition, reasonable wear and tear excepted; [
(8) Comply with all obligations, restrictions, rules, and the like which are in accordance with section 521-52 and which the landlord can demonstrate are reasonably necessary for the preservation of the property and protection of the persons of the landlord, other tenants, or any other person[
(9) Not possess, manufacture, sell, or distribute a dangerous, detrimental, or harmful drug or intoxicating compound in violation of chapter 712, part IV, or possess, manufacture, sell, or distribute a controlled substance, counterfeit substance, drug, or drug paraphernalia in violation of chapter 329."
SECTION 3. 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 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 (9); or
(2) May remedy the tenant's failure to comply and bill the tenant for the actual and reasonable cost of such 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.
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[
.], or where the tenant is alleged to be in noncompliance with section 521-51(9). 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) 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) 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.
(d) In any termination of the rental agreement and subsequent proceeding, action, or suit for possession of the dwelling unit for any material noncompliance with section 521-51, the landlord shall be entitled to rely upon any notice or report issued by a county, state, or federal law enforcement officer or agency regarding acts prohibited by chapter 329 or chapter 712, part IV, and the notice or report shall constitute prima facie evidence of noncompliance with section 521-51 in the proceeding, action, or suit."
SECTION 4. Section 521-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If the tenant breaches any rule authorized under section 521-52, the landlord may notify the tenant in writing of the tenant's breach. The notice shall specify the time, not less than ten days, within which the tenant is required to remedy the breach and shall be in substantially the following form:
"(Name and address of tenant) (date)
You are hereby notified that you have failed to perform according to the following rule:
(specify rule allegedly breached)
Be informed that if you (continue violating) (again violate) this rule after (a date not less than ten days after this notice), the landlord may terminate the rental agreement and sue for possession of your dwelling unit."
No allowance of time to remedy the breach of any rule authorized under section 521-52 shall be required when the breach by the tenant causes or threatens to cause damage to any person or constitutes a violation of section 521-51(1) [
or], (6)[ .], or (9)."
SECTION 5. This Act shall not affect judicial proceedings that were commenced before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.