THE SENATE

S.B. NO.

1154

THIRTIETH LEGISLATURE, 2019

 

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

"521-   Writ of possession; holdover tenants. In any summary proceeding for recovery of the possession of a dwelling unit brought pursuant to section 521-71(e), when a landlord has complied with all notice requirements and the tenant becomes a holdover pursuant to this chapter, the court shall address the complaint for summary possession during the first court appearance of the parties before the court, and not continue the matter unless good cause is shown by the requesting party. When a writ of possession has been issued by the court, it shall not allow the tenant more than fifteen days to vacate the premises and return full possession of the premises to the landlord within that time frame."

SECTION 2. Section 521-71, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Whenever the term of the rental agreement expires, whether by passage of time, by mutual agreement, by the giving of notice as provided in subsection (a), (b), (c), or (d) or by the exercise by the landlord of a right to terminate given under this chapter, if the tenant continues in possession after the date of termination without the landlord's consent, the tenant may be liable to the landlord for a sum not to exceed twice the monthly rent under the previous rental agreement, computed and prorated on a daily basis, for each day the tenant remains in possession. The landlord may bring a summary proceeding for recovery of the possession of the dwelling unit at any time during the first sixty days of holdover. Should the landlord fail to commence summary possession proceedings within the first sixty days of the holdover, in the absence of a rental agreement, a month-to-month tenancy at the monthly rent stipulated in the previous rental agreement shall prevail beginning at the end of the first sixty days of holdover. In any district court proceeding brought by the landlord under this section, the court shall expedite the proceeding so that the landlord is not unduly prejudiced by the delay in returning possession of the dwelling unit to the landlord."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Landlord-tenant Code; Landlords; Holdover Tenants; Summary Possession Proceedings; Writ of Possession

 

 

Description:

In a summary possession proceeding brought by a landlord against a holdover tenant: requires the court to address the complaint for summary possession during the first court appearance of the parties; prohibits a writ of possession from allowing the tenant more than fifteen days to vacate the premises; and specifies that the court shall expedite the proceeding so that the landlord is not unduly prejudiced by the delay.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.