[§521-1] Short title.  

This chapter shall be known and may be cited as the Residential Landlord-Tenant Code. [L 1972, c 132, pt of §1]

[§521-2] Purposes; rules of construction.   

(a)

This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

(b)

The underlying purposes and policies of this chapter are:

[§521-3] Supplementary general principles of law, other laws, applicable.

(a)

Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law relative to capacity to contract, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.

(b)

Every legal right, remedy, and obligation arising out of a rental agreement not provided for in this chapter shall be regulated and determined under chapter 666, and in the case of conflict between any provision of this chapter and a provision of chapter 666, this chapter shall control.

(c)

(d)

Nothing in this chapter shall be applied to interfere with any right, obligation, duty, requirement, or remedy of a landlord or tenant which is established as a condition or requirement of any program receiving subsidy from the government of the United States. To the extent that any provision of this chapter is inconsistent with such a federal condition or requirement then as to such subsidized project the federal condition or requirement shall control. [L 1972, c 132, pt of §1]

A unit owners’ association under chapter 514B shall have standing to initiate and prosecute a summary proceeding for possession against a tenant residing in the condominium project who repeatedly violates the association’s governing documents or the rights of other occupants to quiet enjoyment and whose landlord refuses to act; provided that in such cases, the landlord shall be named as an additional party defendant.

[§521-4] Construction against implicit repeal.  

This chapter being a general law intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. [L 1972, c 132, pt of §1]

[§521-5] Severability.  

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1972, c 132, pt of §1]

[§521-6] Territorial application.  

This chapter applies to rights, remedies, and obligations of the parties to any residential rental agreement wherever made of a dwelling unit within this State. [L 1972, c 132, pt of §1]

§521-7 Exclusions from application of chapter.  

Unless created solely to avoid the application of this chapter, this chapter shall not apply to:

(1)

Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, geriatric, educational, religious, or similar services;

(2)

Residence in a structure directly controlled and managed by the University of Hawaii for housing students or faculty of the University of Hawaii or residence in a structure erected on land leased from the University of Hawaii by a nonprofit corporation for the exclusive purpose of housing students or faculty of the University of Hawaii;

(3)

Occupancy under a bona fide contract of sale of the dwelling unit or the property of which it is a part where the tenant is, or succeeds to the interest of, the purchaser;

(4)

Residence by a member of a fraternal organization in a structure operated without profit for the benefit of the organization;

(5)

Transient occupancy on a day-to-day basis in a hotel or motel;

(6)

Occupancy by an employee of the owner or landlord whose right to occupancy is conditional upon such employment or by a pensioner of the owner or landlord or occupancy for a period of up to four years subsequent thereto, pursuant to a plan for the transfer of the dwelling unit or the property of which it is a part to the occupant;

(7)

A lease of improved residential land for a term of fifteen years or more, measured from the date of the commencement of the lease;

(8)

Occupancy by the prospective purchaser after an accepted offer to purchase and prior to the actual transfer of the owner's rights;

(9)

Occupancy in a homeless facility, or any other program for the homeless authorized under part VII of chapter 356D;

(10)

Residence or occupancy in a public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program; or

(11)

Residence or occupancy in a transitional facility for abused family or household members."
[L 1972, c 132, pt of §1; am L 1986, c 112, §1; am L 1988, c 307, §1; am L 1991, c 18, §1 and c 212, §8; am L 1994, c 248, §1; am L 1995, c 43, §1; am L 1997, c 350, §14; am L 1998, c 11, §27]

§521-8 Definitions.  

As used in this chapter, unless the context clearly requires otherwise:

"Action" with reference to a judicial proceeding includes recoupment, counterclaim, setoff, and any other proceedings in which rights are determined, including an action for possession.

"Apartment building" means a structure containing one or more dwelling units, except:

(1)

A single-family residence, or

(2)

A structure in which all tenants are roomers or boarders.

"Dwelling unit" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.

"Landlord" means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord.

"Normal wear and tear" means deterioration or depreciation in value by ordinary and reasonable use but does not include items that are missing from the dwelling unit.

"Owner" means one or more persons, jointly or severally, in whom is vested:

(1)

All or any part of the legal title to property; or

(2)

All or any part of the beneficial ownership and a right to present use and enjoyment of the property; and includes a mortgagee in possession.

"Person" includes an individual, corporation, government or governmental agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.

"Premises" means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility whose use is promised to the tenant.

"Rental agreement" means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises.

"Roomer" or "boarder" means a tenant occupying a dwelling unit:

(1)

Which lacks at least one major bathroom or kitchen facility, such as a toilet, refrigerator, or stove,

(2)

In a building where one or more such major facilities are supplied to be used in common by the occupants of the tenant's dwelling unit and by the occupants of one or more other dwelling units, and

(3)

In a building in which the landlord resides.

"Single family residence" means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single family residence if it has direct access to a street or thoroughfare and does not share hot water equipment or any other essential facility or service with any other dwelling unit.

"Tenant" means any person who occupies a dwelling unit for dwelling purposes under a rental agreement. [L 1972, c 132, pt of §1; am L 1975, c 10, §1; am L 1988, c 307, §2; am L 1991, c 212, §9]

[§521-9] Notice, notification, knowledge, etc.

(a)

A person has notice of a fact when:

(b)

A person knows or has knowledge of a fact when the person has actual knowledge of it. The terms "discover" or "learn" or terms of similar import refer to knowledge rather than reason to know. The time and circumstances under which a notice or notification ceases to be effective are not determined by this chapter.

(c)

A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:

(d)

Notice, knowledge, or a notice or notification received by a person other than an individual is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction or from the time it should have been brought to the individual's  attention, whichever time is earlier. [L 1972, c 132, pt of §1; gen ch 1993]

[§521-10] Duties; obligation of good faith.  

Every duty imposed by this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [L 1972, c 132, pt of §1]

[§521-11] Time; reasonable time.

(a)

Whenever this chapter requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.

(b)

What is a reasonable time for taking any action depends on the nature, purpose, and circumstances of the action. [L 1972, c 132, pt of §1]