Bill Text: HI HB19 | 2014 | Regular Session | Amended
Bill Title: Landlord-Tenant Code; Abandoned Personal Property; Eviction
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB19 Detail]
Download: Hawaii-2014-HB19-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
19 |
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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 THE RESIDENTIAL LANDLORD-TENANT CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the procedure for removing and disposing of property abandoned by tenants is unduly burdensome to landlords. Specifically, the required newspaper publication prior to the sale or donation of abandoned property means additional time and expense for landlords, without providing a tenant with any additional protection because tenants who abandon their property are generally provided with multiple notices to vacate the premises.
Thus, the legislature finds that repealing the requirement that a landlord publish prior notice of the sale or donation of a tenant's abandoned property would unalter the protections already provided for tenants, reduce the expenses of landlords, and increase the efficiency of the housing market.
SECTION 2. Section 521-44, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For the purposes of this section,
if a tenant is absent from the dwelling unit for a continuous period of twenty
days or more without written notice to the landlord, the tenant shall be
deemed to have wrongfully quit the dwelling unit; provided that the tenant
shall not be considered to be absent from the dwelling unit without notice to
the landlord during any period for which the landlord has received payment of
rent. In addition to any other right or remedy the landlord has with respect
to [such] a tenant who has wrongfully quit the dwelling unit, the
landlord may retain the entire amount of any security deposit the landlord has
received from or on behalf of [such] the tenant. Disposition
of the tenant's abandoned personal property shall be conducted pursuant to
section 521-56."
SECTION 3. Section 521-56, Hawaii Revised Statutes, is amended to read as follows:
"§521-56 Disposition of tenant's
abandoned possessions. (a) When the tenant[, within the meaning of section
521-70(d) or section 521-44(d),] has [wrongfully]:
(1) Wrongfully quit the premises, [or
when the tenant has quit] within the meaning of section 521-44(d);
(2) Wrongfully quit the dwelling unit and has unequivocally indicated by words or deeds the intention not to resume the tenancy, within the meaning of section 521-70(d);
(3) Quit the premises pursuant to a
notice to quit [or upon];
(4) Quit the premises upon the natural
expiration of the term[,]; or
(5) Been removed pursuant to a writ of possession issued under section 666-11;
and has abandoned [personalty which the landlord,
in good faith, determines to be of value,] personal property in or
around the premises, the landlord may sell [such personalty,] the personal
property in a commercially reasonable manner, store [such personalty at
the tenant's expense,] the personal property, or donate [such personalty
to a charitable organization.] the personal property. Before
selling or donating [such personalty,] the landlord shall make
reasonable efforts to apprise the tenant of the identity and location of[,]
the personal property, and the landlord's intent to sell or donate [such
personalty] the personal property by mailing notice to the tenant's
forwarding address, or to an address designated by the tenant for the purpose
of notification or if neither of these is available, to the tenant's previous
known address. Following [such] the notice, the landlord may
sell [the personalty after advertising the sale in a daily paper of general
circulation within the circuit in which the premises is located for at least
three consecutive days, or the landlord may] or donate the [personalty
to a charitable organization;] personal property; provided that [such]
the sale or donation shall not take place until fifteen days after
notice is mailed, after which the tenant is deemed to have received notice.
(b) The proceeds of the sale of [personalty]
the personal property under subsection (a) [shall, after deduction of
accrued rent and costs of storage and sale, including the cost of advertising,
be held in trust for the tenant for thirty days, after which time the proceeds]
shall be forfeited to the landlord.
(c) When the tenant has quit the premises,
any [personalty] personal property in or around the premises left
unsold after conformance to subsection (a) or otherwise left abandoned by the
tenant [and determined by the landlord to be of no value] may be
disposed of at the landlord's discretion without liability to the
landlord."
SECTION 4. Section 521-70, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) If the tenant wrongfully quits the
dwelling unit and unequivocally indicates by words or deeds the tenant's intention
not to resume the tenancy, the tenant shall be liable to the landlord for the
lesser of the following amounts for [such] the abandonment:
(1) The entire rent due for the remainder of the term; or
(2) All rent accrued during the period reasonably
necessary to re-rent the dwelling unit at the fair rental, plus the difference
between [such] the fair rent and the rent agreed to in the prior
rental agreement and a reasonable commission for the renting of the dwelling
unit. This paragraph applies if the amount calculated hereunder is less than
the amount calculated under paragraph (1) whether or not the landlord re-rents
the dwelling unit.
Proceeds of the sale of the tenant's abandoned personal property conducted pursuant to section 521-56, after deduction of the costs of storage and sale, including the cost of advertising, if any, shall reduce the amount owed by the tenant to the landlord pursuant to this section."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2112.
Report Title:
Landlord-Tenant Code; Abandoned Personal Property; Eviction
Description:
Deletes the requirement that a landlord place a newspaper advertisement before selling or donating abandoned tenant property. Allows landlords to sell a tenant's property abandoned after the tenant is removed pursuant to a writ of possession. Effective July 1, 2112. (HB19 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
