§666-2  Tenancy from month to month, etc.;
termination, extension.  Notwithstanding other provisions of law to the
contrary, when real property is rented for an indefinite time with monthly or
other periodic rent reserved, such holding shall be construed to be a tenancy
from month to month, or from period to period on which rent is payable, and
shall only be terminated by written notice to vacate or of intention to vacate
given twenty-five days or more preceding the end of any month or period by
either landlord or tenant to the other; provided that when any tenant, without
such notice having been given by either landlord or tenant to the other,
retains possession of rented premises for any period of time after the
expiration of such month or period, a valid and enforceable tenancy shall be
thereby created for an additional month or period, as the case may be; provided
further that when a tenant under such a tenancy fails to pay the rent reserved
at the time agreed upon, the landlord may terminate the tenancy by giving to
the tenant a written notice to vacate of not less than five days. [L 1929, c
93, §2; RL 1935, §4017; am L 1939, c 20, §1; RL 1945, §10402; am L 1949, c 39,
§1; RL 1955, §240-2; HRS §666-2]



 



Case Notes



 



  Written notice is required to terminate a tenancy where
tenant has failed to pay the rent.  360 F. Supp. 620.



  Holding over.  6 H. 666.



  Applicable where landlord entitled to possession under rent
control ordinance.  38 H. 250.



  Notice of rental increase did not constitute termination of
month-to-month tenancy since it contained no notice of termination of the
tenancy.  1 H. App. 87, 613 P.2d 1336.



  Terms of sublease created month-to-month tenancy; does not
prohibit agreement for termination upon condition subsequent and 120 days'
notice.  5 H. App. 146, 682 P.2d 82.



  Cited:  41 H. 124, 135.