§666-5  Acceptance of rent during
litigation, effect of.  When any legal proceedings are brought by a
landlord to evict a tenant, whether by summary possession proceedings or an
action in the nature of an action of ejectment or otherwise, the acceptance of
rent by the landlord during the litigation shall not be construed as a
recognition of the tenancy and shall be without prejudice to the landlord's
legal rights at the inception of the proceedings.



In the event the eviction proceedings of
whatever nature are successful any rent so paid shall be construed as damages
for withholding the occupancy of the premises involved from the landlord. [L
1945, c 251, §1; RL 1955, §240-5; HRS §666-5; am L 1972, c 90, §8(b); gen ch
1985]