2017 Hawaii Revised Statutes
TITLE 28. PROPERTY
521. Residential Landlord-Tenant Code
521-3 Supplementary general principles of law, other laws, applicable.

Universal Citation: HI Rev Stat § 521-3 (2017)

§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) 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.

(d) [Subsection effective until December 31, 2018. For subsection effective January 1, 2019, see below.] An association of owners under chapter 514A or 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.

(d) [Subsection effective January 1, 2019. For subsection effective until December 31, 2018, see above.] An 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. [L 1972, c 132, pt of §1; am L 2004, c 164, §3; am L 2008, c 28, §24; am L 2017, c 181, §36]

Case Notes

Cited in reference to common law doctrine of retaliatory eviction. 59 H. 104, 577 P.2d 326.

Cited with respect to conflict between §666-1 and chapter 521 concerning landlord's remedies against tenant for failure of tenant to maintain premises. 63 H. 110, 621 P.2d 971.

Disclaimer: These codes may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.