§521-63  Tenant's remedy of termination at
any time; unlawful removal or exclusion.  (a)  If any condition within the
premises deprives the tenant of a substantial part of the benefit and enjoyment
of the tenant's bargain under the rental agreement, the tenant may notify the
landlord in writing of the situation and, if the landlord does not remedy the
situation within one week, terminate the rental agreement.  The notice need not
be given when the condition renders the dwelling unit uninhabitable or poses an
imminent threat to the health or safety of any occupant.  The tenant may not
terminate for a condition caused by the want of due care by the tenant, a
member of the tenant's family, or other person on the premises with the
tenant's consent.



(b)  If the condition referred to in subsection
(a) was caused wilfully or negligently by the landlord, the tenant may recover
any damages sustained as a result of the condition.



(c)  If the landlord removes or excludes the
tenant from the premises overnight without cause or without court order so
authorizing, the tenant may recover possession or terminate the rental
agreement and, in either case, recover an amount equal to two months rent or
free occupancy for two months, and the cost of suit, including reasonable
attorney's fees.  If the rental agreement is terminated, the landlord shall
comply with section 521-44(c).  The court may also order any injunctive or
other equitable relief it deems proper.  If the court determines that the
removal or exclusion by the landlord was with cause or was authorized by court
order, the court may award the landlord the cost of suit, including reasonable
attorney's fees if the attorney is not a salaried employee of the landlord or
the landlord's assignee. [L 1972, c 132, pt of §1; am L 1981, c 235, §2; gen ch
1985]



 



Rules of Court



 



  Injunctions, see HRCP rule 65.



 



Case Notes



 



  No discretion to deny damages upon breach.  67 H. 549, 696
P.2d 839.