521-73

Landlord's and tenant's remedies for abuse of access

§521-73 Landlord’s and tenant’s remedies for abuse of access. (a) The tenant shall be liable to the landlord for any damage proximately caused by the tenant’s unreasonable refusal to allow access as provided in section 521-53(a).

(b) Except for an entry under an emergency such as fire, the landlord shall be liable to the tenant for any theft, casualty, or other damage proximately caused by an entry into the dwelling unit by the landlord or by another person with the permission or license of the landlord:

(1) When the tenant is absent and has, after having been notified by the landlord of a proposed entry or entries, refused consent to any such specific entry;

(2) Without the tenant’s actual consent when the tenant is present and able to consent; or

(3) In any other case, when the damage suffered by the tenant is proximately caused by the landlord’s negligence.

© In the event of repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another with the landlord’s permission or license which is unreasonable and not consented to by the tenant:

(1) The tenant may treat such actions as grounds for termination of the rental agreement;

(2) Any circuit court judge on behalf of one or more of the tenants may issue an injunction against a landlord to enjoin violation of this subsection;

(3) Any circuit court judge hearing a dispute as set out in paragraph may also assess a fine not to exceed $100.

(d) Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent by a tenant to a particular entry, shall be void. [L 1972, c 132, pt of §1; am L 1975, c 104, §4; gen ch 1985]

Rules of Court

Injunctions, see HRCP rule 65.

Hawaii Legal Reporter Citations

Damages. 77-1 HLR 76-337.