§666-3  Forfeiture, warning, notice to
vacate, refunds.  (a)  Any tenancy created by or described in section 666-2
shall be subject to forfeiture where the tenant or any invitee or employee of
the tenant commits any act, or causes any condition to exist, within or upon
the rented premises which act or condition constitutes a nuisance as defined in
section 712-1270.



(b)  A written notice shall first be delivered
by the landlord to the tenant warning the tenant to abate or cause to be abated
the common nuisance within twenty-four hours from the time the notice is
delivered.  If the common nuisance complained of remains unabated after
twenty-four hours from the time the notice is delivered to the tenant, the
landlord may terminate the tenancy by a written notice to vacate the premises
within five days from the date the second notice is delivered to the tenant. 
Where rent has been paid in advance by the tenant, refund shall be made by the
landlord of the amount of rent so paid covering the period from the date the
rent was paid to and including the date the premises are vacated.  If the
tenant fails or refuses to vacate the premises within five days from the date
of delivery of the second notice, then in case rent has been paid in advance,
the landlord shall make a tender of the amount of the refund of rent to which
the tenant would have been entitled had the tenant vacated the premises upon
the date the notice to vacate was delivered to the tenant.  Thereafter, upon
the continued failure or refusal on the part of the tenant to vacate, the
landlord may proceed, without further notice, to evict the tenant in any manner
authorized by law. [L 1937, c 209, §1; RL 1945, §10403; RL 1955, §240-3; HRS
§666-3; gen ch 1985; am L 1986, c 195, §3]



 



Case Notes



 



  Use of dwelling premises for business purposes, under
provisions of rent control ordinance.  38 H. 250.