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Hawaii Revised Statutes

Haw. Rev. Stat. § 171-39 (2026)

  Leases; forfeiture

✓ current as of July 2026
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     §171-39  Leases; forfeiture.  Upon the violation of any condition or term of any lease to be observed or performed by the lessee or tenant, the board of land and natural resources shall, after the notice of default as provided in section 171-20, and subject to the rights of each holder of record having a security interest as provided in section 171-21, terminate the lease or tenancy and take possession of the leased land, without demand or previous entry and without legal process, together with all improvements placed thereon and shall retain all rent paid in advance as damages for the violations. [L 1962, c 32, pt of §2; Supp, §103A-39; HRS §171-39]

 

 

Notes of Decisions
Cited in 3 cases, 1983–2018 · leading case: Flores v. Bd. of Land & Nat. Resources., 424 P.3d 469 (Haw. 2018).
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Flores v. Bd. of Land & Nat. Resources., 424 P.3d 469 (Haw. 2018). · cites it 6× “On this point, this court concluded that a contested case hearing was not required under statute because HRS § 171-39 expressly empowered BLNR to " 'terminate the lease or tenancy and take possession of the leased land, without demand or previous entry and without legal process'…”
Sharma v. State, 673 P.2d 1030 (Haw. 1983). · cites it 8× “Rather, the agency is expressly empowered by HRS § 171-39 to “terminate the lease or tenancy and take possession of the leased land, without demand or previous entry and without legal process” after the notice of a breach is delivered.”
Hui Kako'o Aina Ho'opulapula v. Bd. of Land & Nat. Resources, 143 P.3d 1230 (Haw. 2006). · cites it 2× “2d 1030 (1983), is distinguishable from the instant case, Hui Kako'o contends that (1) the "very narrow” holding of Sharma is only that the BLNR is not required to conduct a contested case hearing for the termination of a lease pursuant to HRS § 171-39 (1993) where the terms of…”
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