The Hawaii Residential Landlord-Tenant Code, Chapter 521 of the Hawaii Revised Statutes (HRS) Section 70 and 72 allow a landlord the following remedies when a tenant unlawfully uses the rental property:
Misuse
Unless provided in the rental agreement, the tenant may not use a dwelling unit for any purpose other than as the tenant’s residence or home. If the tenant violates this requirement, the landlord may terminate the agreement and sue for eviction
Section 70(c)
Landlord’s Remedy for Improper Use
If the tenant does not comply with the rules regarding use of the dwelling (see Hawaii Tenant Obligations for Maintenance and Rules), the landlord may notify the tenant in writing of the breach. The notice shall specify the time (not less than 10 days) within which the tenant must remedy the breach. If the tenant continues to breach the rule after the date specified in the notice and the landlord wants to evict the tenant, the landlord must sue within 30 days of the continued breach. The landlord may sue immediately to evict the tenant and need not give the tenant time to correct a rule violation when:
- A tenant violates state or county laws relating to health and safety;
- A tenant or the tenant’s friend or family member purposely destroys or extensively damages the rental unit or any part of the premises;
- The breaking of a house rule causes or threatens to cause injury to a person.
Section 72(a) & (b)
See also Hawaii Landlord Remedies for Tenant Negligence.
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