Bill Text: HI HB1316 | 2013 | Regular Session | Amended
Bill Title: Residential Landlord-Tenant Code; Security Deposits; Damages by Animals
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-03-08 - Re-Referred to CPN, JDL. [HB1316 Detail]
Download: Hawaii-2013-HB1316-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1316 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ANIMALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 521-44, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) As used in this section "security deposit" means money deposited by or for the tenant with the landlord to be held by the landlord to:
(1) Remedy tenant defaults for accidental or intentional damages resulting from failure to comply with section 521-51, for failure to pay rent due, or for failure to return all keys furnished by the landlord at the termination of the rental agreement;
(2) Clean the dwelling unit or have it cleaned at the
termination of the rental agreement so as to place the condition of the
dwelling unit in as fit a condition as that which the tenant entered into
possession of the dwelling unit; [and]
(3) Compensate for damages caused by a tenant who
wrongfully quits the dwelling unit[.]; and
(4) Compensate for damages caused by any animal, other than a service animal, allowed to reside in the premises pursuant to the rental agreement.
(b) The landlord may require as a condition of
a rental agreement a security deposit to be paid by or for the tenant for the
items in subsection (a) and no others, in an amount not in excess of a sum
equal to one month's rent[.] plus an amount agreed upon by the
landlord and tenant to compensate the landlord for any damages caused by any
animal allowed to reside in the premises pursuant to the rental agreement; provided
that no landlord shall require any additional security deposit amount for a
service animal as defined in section 515-3 that is a reasonable accommodation
for a tenant with a disability under section 515-3. The landlord may not
require or receive from or on behalf of a tenant at the beginning of a rental
agreement any money other than the money for the first month's rent and a
security deposit as provided in this section. [The] No part of the
security deposit shall [not] be construed as payment of the last month's
rent by the tenant, unless mutually agreed upon, in writing, by the landlord
and tenant if the tenant gives forty-five days' notice of vacating the
premises; in entering such agreement, the landlord shall not be deemed to have
waived the right to pursue legal remedies against the tenant for any damages
the tenant causes. Any such security deposit shall be held by the landlord for
the tenant and the claim of the tenant to the security deposit shall be prior
to the claim of any creditor of the landlord, including a trustee in
bankruptcy, even if the security deposits are commingled."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on November 1, 2013.
Report Title:
Residential Landlord-Tenant Code; Security Deposits; Damages by Animals
Description:
Amends the Residential Landlord-Tenant Code to provide for security deposits that include an additional sum to pay for damages caused by any animal, other than a service animal, allowed to reside in the premises pursuant to the rental agreement. Effective November 1, 2013. (HB1316 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
