[§521-9]  Notice, notification, knowledge, etc.  (a)  A person has notice of a fact when:

     (1)  The person has actual knowledge of it; or

     (2)  The person has received a notice or notification of it; or

     (3)  From all the facts and circumstances known to the person at the time in question the person has reason to know of it.

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Terms Used In Hawaii Revised Statutes 521-9

  • Person: includes an individual, corporation, government or governmental agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Hawaii Revised Statutes 521-8
  • Rental agreement: means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises. See Hawaii Revised Statutes 521-8

     (b)  A person knows or has knowledge of a fact when the person has actual knowledge of it.  The terms “discover” or “learn” or terms of similar import refer to knowledge rather than reason to know.  The time and circumstances under which a notice or notification ceases to be effective are not determined by this chapter.

     (c)  A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not the other actually comes to know of it.  A person receives a notice or notification when:

     (1)  It comes to the person’s attention; or

     (2)  It is delivered at the place of business through which the rental agreement was made or at any place held out as the place for receipt of such communications.

     (d)  Notice, knowledge, or a notice or notification received by a person other than an individual is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction or from the time it should have been brought to the individual’s attention, whichever time is earlier.