§521-70  Landlord's remedies for absence,
misuse, abandonment and failure to honor tenancy before occupancy.  (a)  If
the rental agreement provides for notification of the landlord by the tenant of
an anticipated extended absence and the tenant fails to make reasonable efforts
to comply with such requirement, the tenant shall indemnify the landlord for
any damage resulting from such absence.



(b)  The landlord may, during any extended
absence of the tenant, enter the dwelling unit as reasonably necessary for
purposes of inspection, maintenance, and safe-keeping or for the purposes
permitted by section 521-53(a).



(c)  Unless otherwise provided in the rental
agreement, use of the dwelling unit by the tenant for any other purpose than as
the tenant's abode, or nonuse of the dwelling unit, constitutes a breach of the
tenant's obligations under section 521-52 and entitles the landlord to proceed
as provided in section 521-72.



(d)  If the tenant wrongfully quits the
dwelling unit and unequivocally indicates by words or deeds the tenant's
intention not to resume the tenancy, the tenant shall be liable to the landlord
for the lesser of the following amounts for such abandonment:



(1)  The entire rent due for the remainder of the
term; or



(2)  All rent accrued during the period reasonably
necessary to re-rent the dwelling unit at the fair rental, plus the difference
between such fair rent and the rent agreed to in the prior rental agreement and
a reasonable commission for the renting of the dwelling unit.  This paragraph
applies if the amount calculated hereunder is less than the amount calculated
under paragraph (1) whether or not the landlord re-rents the dwelling unit.



(e)  If the tenant unequivocally indicates by
words or deeds the tenant's intention not to honor the tenancy before
occupancy, the tenant shall be liable to the landlord for the lesser of the
following amounts:



(1)  All moneys deposited with the landlord;



(2)  One month's rent at the rate agreed upon in the
rental agreement;



(3)  All rent accrued from the agreed date for the
commencement of the tenancy until the dwelling unit is re-rented at the fair
rental, plus the difference between such fair rent and the rent agreed to in
the prior rental agreement, plus reasonable costs, and a reasonable commission
for the re-renting of the dwelling unit.  This paragraph applies if the amount
calculated hereunder is less than the amounts calculated under paragraphs (1)
or (2), whether or not the landlord re-rents the dwelling unit. [L 1972, c 132,
pt of §1; am L 1974, c 180, §5; gen ch 1985]



 



Hawaii Legal Reporter Citations



 



  Subtenant vacating dwelling because of fear of physical harm
from sublessor has not "wrongfully quit" the dwelling.  77-1 HLR
77-295.