§521-3 - Supplementary general principles of law, other laws, applicable.
§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) 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. [L 1972, c 132, pt of §1; am L 2004, c 164, §3; am L 2008, c 28, §24]
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.