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Hawaii Revised Statutes

Haw. Rev. Stat. § 666-5 (2026)

  Acceptance of rent during litigation, effect of

✓ current as of July 2026
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     §666-5  Acceptance of rent during litigation, effect of.  When any legal proceedings are brought by a landlord to evict a tenant, whether by summary possession proceedings or an action in the nature of an action of ejectment or otherwise, the acceptance of rent by the landlord during the litigation shall not be construed as a recognition of the tenancy and shall be without prejudice to the landlord's legal rights at the inception of the proceedings.

     In the event the eviction proceedings of whatever nature are successful any rent so paid shall be construed as damages for withholding the occupancy of the premises involved from the landlord. [L 1945, c 251, §1; RL 1955, §240-5; HRS §666-5; am L 1972, c 90, §8(b); gen ch 1985]

 

 

Notes of Decisions
Cited in 2 cases, 1997–2015 · leading case: Forbes v. Hawaii Culinary Corp., 946 P.2d 609 (Haw. App. 1997).
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Forbes v. Hawaii Culinary Corp., 946 P.2d 609 (Haw. App. 1997). · cites it 10× “However, the case must be remanded because, in addition to inconsistent statements in the judgment concerning the back rent and attorneys’ fees awarded Forbes, the court must confirm that any attorneys’ fees awarded under Hawaii Revised Statutes (HRS) § 607-14 (1993) were…”
Cedillos v. Masumoto., 363 P.3d 278 (Haw. 2015). · cites it 4× “*445 HRS § 666-5 (emphasis added). Accordingly, any payments made by Cedillos to Masu-moto prior to December 10, 2012 can be construed as Masumoto’s recognition of some form of tenancy.”
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