Sections
Part I General Provisions and Definitions 521-1 – 521-11
Part II Rent 521-21 – 521-22
Part III Limitations on Rental Agreements and Practices 521-31 – 521-39
Part IV Landlord Obligations 521-41 – 521-45
Part V Tenant Obligations 521-51 – 521-56
Part VI Remedies and Penalties 521-61 – 521-82

Terms Used In Hawaii Revised Statutes > Chapter 521 - Residential Landlord-Tenant Code

  • Applicant: means any person who applies for a certificate of need under part V. See Hawaii Revised Statutes 323D-2
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • boarder: means a tenant occupying a dwelling unit:

         (1)  [That] lacks at least one major bathroom or kitchen facility, such as a toilet, refrigerator, or stove[;]

         (2)  In a building where one or more such major facilities are supplied to be used in common by the occupants of the tenant's dwelling unit and by the occupants of one or more other dwelling units[;] and

         (3)  In a building in which the landlord resides. See Hawaii Revised Statutes 521-8

  • Capital expenditure: means any purchase or transfer of money or anything of value or enforceable promise or agreement to purchase or transfer money or anything of value incurred by or in behalf of any person for construction, expansion, alteration, conversion, development, initiation, or modification as defined in this section. See Hawaii Revised Statutes 323D-2
  • Certificate of need: means an authorization, when required pursuant to section 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service. See Hawaii Revised Statutes 323D-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dwelling unit: means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. See Hawaii Revised Statutes 521-8
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Expenditure minimum: means $4,000,000 for capital expenditures, $1,000,000 for new or replacement medical equipment and $400,000 for used medical equipment. See Hawaii Revised Statutes 323D-2
  • Fraud: Intentional deception resulting in injury to another.
  • Health: includes physical and mental health. See Hawaii Revised Statutes 323D-2
  • health care services: means the provision of services in an assisted living facility that assists the resident in achieving and maintaining the highest state of positive well-being (i. See Hawaii Revised Statutes 323D-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Landlord: means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord. See Hawaii Revised Statutes 521-8
  • 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
  • modify: includes the erection, building, reconstruction, modernization, improvement, purchase, acquisition, or establishment of a health care facility or health care service; the purchase or acquisition of equipment attendant to the delivery of health care service and the instruction or supervision therefor; the arrangement or commitment for financing the offering or development of a health care facility or health care service; any obligation for a capital expenditure by a health care facility; and studies, surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary for any such undertaking, which will:

         (1)  Result in a total capital expenditure in excess of the expenditure minimum,

         (2)  Substantially modify, decrease, or increase the scope or type of health service rendered, or

         (3)  Increase, decrease, or change the class of usage of the bed complement of a health care facility. See Hawaii Revised Statutes 323D-2

  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: means one or more persons, jointly or severally, in whom is vested:

         (1)  All or any part of the legal title to property; or

         (2)  All or any part of the beneficial ownership and a right to present use and enjoyment of the property; and

    includes a mortgagee in possession. See Hawaii Revised Statutes 521-8

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual or a natural person, a trust or estate, a society, a firm, an assembly, a partnership, a corporation, a professional corporation, an association, the State, any political subdivision of the State, a county, a state agency or any instrumentality of the State, a county agency or any instrumentality of a county. See Hawaii Revised Statutes 323D-2
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premises: means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility whose use is promised to the tenant. See Hawaii Revised Statutes 521-8
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • Review panel: means the panel established pursuant to section 323D-42. See Hawaii Revised Statutes 323D-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Single family residence: means a structure maintained and used as a single dwelling unit. See Hawaii Revised Statutes 521-8
  • State agency: means the state health planning and development agency established in section 323D-11. See Hawaii Revised Statutes 323D-2
  • State health services and facilities plan: means the comprehensive plan for the economical delivery of health services in the State prepared by the statewide council. See Hawaii Revised Statutes 323D-2
  • Statewide council: means the statewide health coordinating council established in section 323D-13. See Hawaii Revised Statutes 323D-2
  • Subarea: means one of the geographic subareas designated by the state agency pursuant to section 323D-21. See Hawaii Revised Statutes 323D-2
  • Tenant: means any person who occupies a dwelling unit for dwelling purposes under a rental agreement. See Hawaii Revised Statutes 521-8
  • Trustee: A person or institution holding and administering property in trust.
  • Utility service: means service for electricity, water, sewer, and natural gas. See Hawaii Revised Statutes 521-8
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.