§521-3 Supplementary general principles of law, other laws, applicable. (a) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law relative to capacity to contract, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.
(b) Every legal right, remedy, and obligation arising out of a rental agreement not provided for in this chapter shall be regulated and determined under chapter 666, and in the case of conflict between any provision of this chapter and a provision of chapter 666, this chapter shall control.
(c) Nothing in this chapter shall be applied to interfere with any right, obligation, duty, requirement, or remedy of a landlord or tenant which is established as a condition or requirement of any program receiving subsidy from the government of the United States. To the extent that any provision of this chapter is inconsistent with such a federal condition or requirement then as to such subsidized project the federal condition or requirement shall control.
(d) An association under chapter 514B shall have standing to initiate and prosecute a summary proceeding for possession against a tenant residing in the condominium project who repeatedly violates the association's governing documents or the rights of other occupants to quiet enjoyment and whose landlord refuses to act; provided that in such cases, the landlord shall be named as an additional party defendant. [L 1972, c 132, pt of §1; am L 2004, c 164, §3; am L 2008, c 28, §24; am L 2017, c 181, §36]
Case Notes
Cited in reference to common law doctrine of retaliatory eviction. 59 H. 104, 577 P.2d 326 (1978).
Cited with respect to conflict between §666-1 and chapter 521 concerning landlord's remedies against tenant for failure of tenant to maintain premises. 63 H. 110, 621 P.2d 971 (1980).
Structure Hawaii Revised Statutes
521. Residential Landlord-Tenant Code
521-2 Purposes; rules of construction.
521-3 Supplementary general principles of law, other laws, applicable.
521-4 Construction against implicit repeal.
521-6 Territorial application.
521-7 Exclusions from application of chapter.
521-9 Notice, notification, knowledge, etc.
521-10 Duties; obligation of good faith.
521-22 Term of rental agreement.
521-31 Waiver; agreement to forego rights; settlement of claims.
521-32 Separation of rents and obligations to property forbidden.
521-33 Landlord's waiver of liability prohibited.
521-34 Authorization to confess judgment prohibited.
521-37 Subleases and assignments.
521-38 Tenants subject to rental agreement; notice of conversions.
521-39 Medical cannabis; tenant use; eviction.
521-41 Landlord to supply possession of dwelling unit.
521-42 Landlord to supply and maintain fit premises.
521-43 Rental agreement, disclosure.
521-45 Limitation of landlord and management liability.
521-51 Tenant to maintain dwelling unit.
521-52 Tenant to use properly.
521-54 Tenant to use and occupy.
521-55 Tenant's responsibility to inform landlord.
521-56 Disposition of tenant's abandoned possessions.
521-61 Tenant's remedies for failure by landlord to supply possession.
521-62 Tenant's remedy of termination at beginning of term.
521-63 Tenant's remedy of termination at any time; unlawful removal or exclusion.
521-64 Tenant's remedy of repair and deduction for minor defects.
521-65 Tenant's remedies for fire or casualty damage.
521-66 Tenant's right to refund of rent, etc., on termination; return of security deposit.
521-67 Tenant's remedy for failure by landlord to disclose.
521-68 Landlord's remedies for failure by tenant to pay rent.
521-69 Landlord's remedies for tenant's waste, failure to maintain, or unlawful use.
521-71 Termination of tenancy; landlord's remedies for holdover tenants.
521-72 Landlord's remedies for improper use.
521-73 Landlord's and tenant's remedies for abuse of access.
521-74 Retaliatory evictions and rent increases prohibited.
521-74.5 Recovery of possession limited.
521-77 Investigation and resolution of complaints by the office of consumer protection.
521-80 Early termination of tenancy; victims of domestic violence.
521-81 Change of locks; victims of domestic violence.