§521-42 Landlord to supply and maintain fit
premises. (a) The landlord shall at all times during the tenancy:
(1) Comply with all applicable building and housing
laws materially affecting health and safety;
(2) Keep common areas of a multi-dwelling unit
premises in a clean and safe condition;
(3) Make all repairs and arrangements necessary to
put and keep the premises in a habitable condition;
(4) Maintain all electrical, plumbing, and other
facilities and appliances supplied by the landlord in good working order and
condition, subject to reasonable wear and tear;
(5) Except in the case of a single family residence,
provide and maintain appropriate receptacles and conveniences for the removal
of normal amounts of rubbish and garbage, and arrange for the frequent removal
of such waste materials; and
(6) Except in the case of a single family residence,
or where the building is not required by law to be equipped for the purpose,
provide for the supplying of running water as reasonably required by the
tenant.
Prior to the initial date of initial occupancy,
the landlord shall inventory the premises and make a written record detailing
the condition of the premises and any furnishings or appliances provided.
Duplicate copies of this inventory shall be signed by the landlord and by the
tenant and a copy given to each tenant. In an action arising under this
section, the executed copy of the inventory shall be presumed to be correct.
If the landlord fails to make such an inventory and written record, the condition
of the premises and any furnishings or appliances provided, upon the
termination of the tenancy shall be rebuttably presumed to be the same as when
the tenant first occupied the premises.
(b) The landlord and tenant may agree that the
tenant is to perform specified repairs, maintenance tasks, and minor remodeling
only if:
(1) The agreement of the landlord and tenant is
entered into in good faith and is not for the purpose of evading the
obligations of the landlord;
(2) The work to be performed by the tenant is not
necessary to cure noncompliance by the landlord with section 521-42(a)(1); and
(3) The agreement of the landlord and tenant does not
diminish the obligations of the landlord to other tenants. [L 1972, c 132, pt
of §1; am L 1976, c 90, §1; am L 1981, c 235, §1; gen ch 1985; am L 1989, c
143, §1]
Case Notes
Where landlord failed to present the required inventory
documenting the condition of the property at the time landlord accepted payment
for the initial monthly rent and entered into the oral rental agreement with
tenants, pursuant to subsection (a), the condition of the property at the
termination of the oral rental agreement was presumed to be the same as when
tenants first occupied the property pursuant to the oral agreement; since no
evidence was presented by landlord to rebut this presumption, the trial court's
award to landlord for damages to the property was improper. 112 H. 302 (App.),
145 P.3d 845 (2006).
Notes of Decisions
Cited in
14
cases (
3 in the last 5 years), 1977–2026 · leading case:
Pugh v. Holmes, 405 A.2d 897 (Pa. 1979).
Pugh v. Holmes, 405 A.2d 897 (Pa. 1979).
“615 (1906); Hawaii — Haw.Rev.Stat. § 521-42 (Supp.1974), and Lemle v.”
Kiehm v. Adams, 126 P.3d 339 (Haw. 2006).
· cites it 2× “5, entitled "Recovery of possession limited[,]" provides, in relevant part, that "[t]he landlord shall not recover or take possession of a dwelling unit by the wilful interruption or diminution of running water, hot water, or electric, gas, or other essential service to the…”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978).
“149 (1900); Hawaii: Haw. Rev. Stat. § 521-42 (1974) and Lemle v.”
Sasaki v. Morisako, 145 P.3d 845 (Haw. App. 2006).
· cites it 6× “HRS § 521-42(a) (1993) (emphasis added). The legislative history of House Bill No.”
Alfapada v. Richardson, 567 P.2d 1239 (Haw. 1977).
· cites it 2× “as not the real party in interest and was engaged in the unauthorized practice of law, that written notice of rent due or of the termination of the tenancy had not been given to the tenant, that there had been a breach of the warranty of habitability whereby the value of the…”
Hawaiian Elec. Co., Inc. v. DeSantos, 621 P.2d 971 (Haw. 1980).
“The Law [§ 521-42(a)(l), Hawaii Revised Statutes] requires the landlord to comply with all applicable provisions of any State or County law, code, ordinance or regulation.”
Cedillos v. Masumoto., 363 P.3d 278 (Haw. 2015).
“Did the ICA commit grave error of fact and is its summary decision inconsistent with Hawai'i case and statutory law by finding — in direct contradiction to the district court’s determination of bifurcation and record of proceedings — that the district court afforded Petitioner…”
Kiehm v. Adams, 125 P.3d 499 (Haw. App. 2004).
“5 (1993) states as follows: The landlord shall not recover or take possession of a dwelling unit by the wilful interruption or diminution of running water, hot water, or electric, gas, or other essential service to the tenant contrary to the rental agreement or section 521-42,…”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979).
“615 (1900); Hawaii: Haw.Rev. Stat. § 521-42 (1974) and Lemle v.”
Prop. Ctr., Inc. v. Sudaria, 153 Haw. 249 (Haw. App. 2023).
“Hawaii Revised Statutes § 521-42 (2018) provides in part that Prior to the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided.”
— Haw. Rev. Stat. § 521-42(a) — 1 case
Sasaki v. Morisako, 145 P.3d 845 (Haw. App. 2006).
“HRS § 521-42(a) (1993) (emphasis added). The legislative history of House Bill No.”
— Haw. Rev. Stat. § 521-42(a)(1) — 1 case
— Haw. Rev. Stat. § 521-42(a)(6) — 1 case
— Haw. Rev. Stat. § 521-42(a)(l) — 1 case
Hawaiian Elec. Co., Inc. v. DeSantos, 621 P.2d 971 (Haw. 1980).
“The Law [§ 521-42(a)(l), Hawaii Revised Statutes] requires the landlord to comply with all applicable provisions of any State or County law, code, ordinance or regulation.”
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