Hawaii Revised Statutes 171-80 – Cancellation of leases
Terms Used In Hawaii Revised Statutes 171-80
- Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
- Land: includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided. See Hawaii Revised Statutes 171-1
- lease: means a residential lease made by the board of land and natural resources under this part. See Hawaii Revised Statutes 171-71
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lessee: means the lessee under a residential lease and the successors in interest of the lessee. See Hawaii Revised Statutes 171-71
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Whenever the board of land and natural resources has reason to believe that any term or condition of a residential lease has been violated, it shall give notice to the lessee of the suspected violation as provided in § 171-20, and shall afford the lessee an opportunity to be heard. If upon the hearing, the board finds that the lessee has violated the terms and conditions of the lease, it may declare the lessee’s interest in the lease and improvements forfeited and order the premises to be vacated within a reasonable time. No such forfeiture shall, however, operate to forfeit the interest of any mortgagee in the lease and improvements, and the board shall pay from the special land and development fund the amount due upon and secured by the mortgage; provided that payment need not be made if a new lease of the premises and improvements is made to a new lessee who is willing to assume, and if the mortgagee is willing to accept the new lessee’s assumption of, the mortgage and the debt secured thereby.