Report Title:

Landlord Liability

Description:

Extends liability to landlord for unlawful acts of a tenant if landlord had actual or constructive notice of tenant's unlawful acts.

HOUSE OF REPRESENTATIVES

H.B. NO.

2537

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LANDLORD LIABILITY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663- Liability of landlord for acts of tenant. (a) An owner of a dwelling unit that is rented to a tenant shall be liable in damages to any person who suffers any personal injury, property damage, noneconomic damage, as defined in section 663-8.5, or the loss of the quiet enjoyment of the dwelling unit of the aggrieved party if the acts of the tenant were:

(1) In violation of any law or ordinance, including perpetuation of any public or private nuisance, as defined in section 712-1270, but also including offenses set forth in part III of chapter 712, and any laws or ordinances relating to the control or abatement of noise;

(2) Continued for or were repeated over a period in excess of thirty days; and

(3) The landlord has actual knowledge of or receives notice of the continuing or repeated unlawful acts of the tenant. The landlord has notice if the aggrieved party states the fact to the landlord or delivers through the mail, or by other means of communication, a written statement of the fact to the landlord or to a person at the landlord's place of business or residence.

(b) As used in this section, the terms "dwelling unit", "landlord", and "tenant" shall have the same meaning as set forth in section 521-8."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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