Report Title:

Landlord-Tenant; Domestic Violence Victims; Cancellation of Lease

 

Description:

Allows a tenant who is a victim of domestic violence to terminate his or her rental agreement. (HB812 HD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

812

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

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

 


SECTION 1. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"521- Termination of tenancy; domestic violence. (a) Notwithstanding any statutory provision to the contrary, a tenant may notify the landlord that the tenant or a household member was the victim of an act that constitutes abuse of a family or household member, and that the tenant intends to terminate the rental agreement.

(b) A notice to terminate a rental agreement under this section shall be in writing, with one of the following attached to the notice:

(1) A copy of a temporary restraining order or protective order, currently in effect and issued pursuant to chapter 586; or

(2) A dated affidavit executed by a county deputy prosecuting attorney showing that the victim's need for protection meets the same criteria as is required for name change without publication under section 574-5(e).

(c) The notice to terminate the rental agreement shall be given within sixty days of the date that any order described in subsection (b)(1) was issued, or within sixty days of the date that any affidavit described in subsection (b)(2) was executed, as applicable.

(d) If notice to terminate the rental agreement is provided to the landlord under this section, the tenant shall be released from any rent payment obligation under the rental agreement without penalty; provided that:

(1) Any tenant who does not vacate within fifteen days of providing the landlord notice under this section shall be treated as a holdover tenant on a month-to-month tenancy; and

(2) Section 521-44, regarding security deposits, shall apply.

(e) Beginning fifteen days after notice to terminate a rental agreement has been given under this section, any co-tenant under the rental agreement, other than the tenant entitled to give notice under this section, shall be treated as a tenant on a month-to-month tenancy.

(f) As used in this section, "household member" has the same meaning as and includes any family or household member as that term is defined in section 586-1."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on November 1, 2009.