§666-21  Rent trust fund.  (a)  At the
request of either the tenant or the landlord in any court proceeding in which
the payment or nonpayment of rent is in dispute, the court shall order the
tenant to deposit any disputed rent as it becomes due into the court as
provided under subsection (c), and in the case of a proceeding in which a rent
increase is in issue, the amount of the rent prior to the increase; provided
that the tenant shall not be required to deposit any rent where the tenant can
show to the court's satisfaction that the rent has already been paid to the
landlord; provided further that if the parties had executed a written
instrument agreeing that the rent could be withheld or deducted, the court
shall not require the tenant to deposit rent into the fund.  No deposit of rent
into the fund ordered under this section shall affect the tenant's rights to
assert either that payment of rent was made or that any grounds for nonpayment
of rent exist under this chapter.



(b)  If the tenant is unable to comply with the
court's order under subsection (a) in paying the required amount of rent to the
court, the landlord shall have judgment for possession and execution shall
issue accordingly.  The writ of possession shall issue to the sheriff or to a
police officer of the circuit where the premises are situated, ordering the
sheriff or police officer to remove all persons and possessions from the
premises, and to put the landlord, or the landlord's agent, into full
possession of the premises.



(c)  The court in which the dispute is being
heard shall accept and hold in trust any rent deposited under this section and
shall make payments out of money collected as provided in this section.  The
court shall order payment of the money collected or portion thereof to the
landlord if the court finds that the rent is due and has not been paid to the
landlord and that the tenant did not have any basis to withhold, deduct, or
otherwise set off the rent not paid.  The court shall order payment of the
money collected or portion thereof to the tenant if the court finds that the
rent is not due or has been paid, or that the tenant had a basis to withhold,
deduct, or otherwise set off the rent not paid.



(d)  The court, upon finding that either the
landlord or the tenant raised the issue of payment or nonpayment of rent in bad
faith, shall order that person to pay the other party reasonable interest on
the rent deposited into the trust. [L 1984, c 211, §1; am L 1989, c 211, §10;
am L 1990, c 281, §11]



 



Cross References



 



  Sheriff, etc., see §26-14.6.



 



Case Notes



 



  Assuming that possession of leased premises and rent to be
paid into the trust fund are property interests protected under the due process
clause, this section does not offend due process as tenants are afforded an opportunity
to challenge summary possession and motions for the establishment of a rent
trust fund.  107 H. 73, 110 P.3d 397.



  As the imposition of a rent trust fund--requiring tenants to
pay rent in exchange for possession for the duration of the dispute--appears
rationally related to achieving the purpose of providing landlords with an
expeditious alternative to eviction proceedings and tenants with an opportunity
to maintain possession so long as rent is paid when properly due, this section
does not violate the equal protection clauses of the U.S. and Hawaii
Constitutions.  107 H. 73, 110 P.3d 397.



  Before ordering that a rent trust fund pursuant to this
section be established, the trial court should have held a hearing on the claim
of defendant, as tenant of outdoor spaces rented to tenant by plaintiff, that
defendant was not allowed to take possession of the spaces.  107 H. 73, 110
P.3d 397.