§666-14 - Writ stayed how, in proceedings for nonpayment of rent.
§666-14 Writ stayed how, in proceedings for
nonpayment of rent. The issuing of the writ of possession shall be stayed
in the case of a proceeding for the nonpayment of rent, if the person owing the
rent, before the writ is actually issued, pays the rent due and interest
thereon at the rate of eight per cent a year and all costs and charges of the
proceedings, and all expenses incurred by plaintiff, including a reasonable fee
for the plaintiff's attorney. [CC 1859, §946; RL 1925, §2787; am L 1927, c 124,
§1; RL 1935, §4024; RL 1945, §10413; RL 1955, §240-14; HRS §666-14; am L 1972,
c 90, §8(g); gen ch 1985]
Rules of Court
See DCRCP rule 62.
Case Notes
Breach of covenant to pay rent cured by tender made in court
or tender made after judgment, but before issuance of writ. 14 H. 590,
592-593; 28 H. 160.
Writ of possession may be canceled if it was mistakenly
issued. 59 H. 472, 583 P.2d 352.
In making attorney's fee awards under §607-14 and this
section, the trial court must designate the specific amount awarded pursuant to
each statute to prevent duplicative awards and permit effective appellate
review of awards. 85 H. 501 (App.), 946 P.2d 609.
Under this section, a landlord may, incident to a summary
possession action, seek attorney's fees attributable to the summary possession
action which are in addition to, but not duplicative of, any fees awarded under
§607-14. 85 H. 501 (App.), 946 P.2d 609.
Cited: 27 H. 308, 321; 27 H. 362, 364.