§521-52 Tenant to use properly. (a)
The tenant shall comply with all obligations or restrictions, whether
denominated by the landlord as rules, or otherwise, concerning the tenant's
use, occupancy, and maintenance of the tenant's dwelling unit, appurtenances
thereto, and the premises of which the dwelling unit is a part, if:
(1) Such obligations or restrictions are brought to
the attention of the tenant at the time of the tenant's entry into the rental
agreement; or
(2) Such obligations or restrictions, if not so known
by the tenant at the time of the tenant's entry into the rental agreement, are
brought to the attention of the tenant and, if they work a substantial
modification of the tenant's bargain under the rental agreement, are consented
to in writing by the tenant.
(b) No such obligation or restriction shall be
enforceable against the tenant unless:
(1) It is for the purpose of promoting the
convenience, safety, or welfare of the tenants of the property, or for the
preservation of the landlord's property from abusive use, or for the fair
distribution of services and facilities held out for the tenants generally;
(2) It is reasonably related to the purpose for which
it is established;
(3) It applies to all tenants of the property in a
fair manner; and
(4) It is sufficiently explicit in its prohibition,
direction, or limitation of the tenant's conduct to fairly inform the tenant of
what the tenant must or must not do to comply.
(c) In a rental agreement for a single family
residence, a landlord shall not prohibit a tenant from erecting, maintaining,
or displaying an otherwise legal sign or outdoor advertising device that urges
voters to vote for or against any person or issue; provided that reasonable
restrictions are permissible for purposes of complying with applicable building
and housing laws affecting health and safety.
(d) If the dwelling unit is a unit in a
condominium, the tenant shall comply with the bylaws of the association under
chapter 514B, and if the dwelling unit is an apartment in a cooperative housing
corporation, the tenant shall comply with the bylaws of the corporation. [L
1972, c 132, pt of §1; gen ch 1985; am L 1988, c 65, §2; am L 2003, c 194, §2;
am L 2008, c 28, §38; am L 2017, c 181, §38]
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 1998–2025 · leading case:
Ryan v. Herzog., 418 P.3d 619 (Haw. 2018).
Ryan v. Herzog., 418 P.3d 619 (Haw. 2018).
· cites it 8× “" Requiring a tenant to comply with substantial modifications to the rental agreement without written consent is prohibited by HRS § 521-52 (2006). HRS § 521-52 provides in relevant part: (a) The tenant shall comply with all obligations or restrictions, whether denominated by…”
Waimanalo Vill. Residents' Corp. v. Young, 956 P.2d 1285 (Haw. App. 1998).
“de the dwelling unit or the facilities, equipment, or appurtenances thereto, nor oneself do any such thing; (7) Keep the dwelling unit and all facilities, appliances, furniture, and furnishings supplied therein by the landlord in fit condition, reasonable wear and tear excepted;…”
Rees v. Gordon (Haw. App. 2025).
· cites it 6× “HRS § 521-69 states that a 5 HRS § 521-52 (2018) provides for the notice requirements and certain other conditions for a landlord's obligations or restrictions relating to a tenant's use, occupancy, and maintenance of the dwelling unit.”
Rees v. Gordon (Haw. App. 2025).
· cites it 6× “HRS § 521-69 states that a 5 HRS § 521-52 (2018) provides for the notice requirements and certain other conditions for a landlord's obligations or restrictions relating to a tenant's use, occupancy, and maintenance of the dwelling unit.”
Lokahi Pac. v. Mundon (Haw. App. 2025).
“2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER citing Hawai‘i Revised Statutes (HRS) §§ 521-52 (2018) and 521-72 (2018) and instructing Mundon to vacate the premises within seven days.”
— Haw. Rev. Stat. § 521-52(a) — 1 case
Ryan v. Herzog., 418 P.3d 619 (Haw. 2018).
“" Requiring a tenant to comply with substantial modifications to the rental agreement without written consent is prohibited by HRS § 521-52 (2006). HRS § 521-52 provides in relevant part: (a) The tenant shall comply with all obligations or restrictions, whether denominated by…”
— Haw. Rev. Stat. § 521-52(b)(1) — 1 case
Ryan v. Herzog., 418 P.3d 619 (Haw. 2018).
“" Requiring a tenant to comply with substantial modifications to the rental agreement without written consent is prohibited by HRS § 521-52 (2006). HRS § 521-52 provides in relevant part: (a) The tenant shall comply with all obligations or restrictions, whether denominated by…”
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