Bill Text: HI HB2187 | 2020 | Regular Session | Introduced

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Bill Title: Relating To The Residential Landlord-tenant Code.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-27 - Referred to CPC, JUD, referral sheet 5 [HB2187 Detail]

Download: Hawaii-2020-HB2187-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2187
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

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 landlords generally protect themselves against tenant-caused damage by retaining a security deposit from the tenant at the time the rental agreement begins.  When a tenant causes damage valued beyond the amount of the security deposit, the landlord's remedy is to seek a judgment for the excess damages in court.  However, landlords frequently encounter tenants who leave the State before the court hearing occurs.  The court will usually award a default judgment in favor of the landlord when the tenant fails to appear for the hearing, but as a practical matter the landlord has no way to enforce the judgment.  Under the existing system, landlords have suffered significant losses when tenants fail to appear in court, and they are unable to recover the costs for repairs for excess damages to rental properties.

     The purpose of this Act is to allow a court to hold funds in the amount of the alleged damages until a hearing may be held, which:

     (1)  Encourages tenants to appear and contest the landlord's claim if the tenant disagrees with the allegations rather than leaving the jurisdiction; and

     (2)  Provides a way for landlords to be made whole in the event of a default judgment.

     SECTION 2.  Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§521-     Damages to property; trust fund.  (a)  At the request of a landlord or landlord's agent in any court proceeding in which repair costs of tenant-caused property damage are in dispute and the claimed amount of repair costs exceed the tenant's security deposit, a court may order the tenant to deposit the amount of claimed damages with the court as provided under subsection (b).  No deposit ordered under this section shall affect the tenant's rights to assert either that the property damage is not tenant-caused or any other grounds for nonliability under this chapter.

     (b)  The court in which the dispute is being heard shall accept and hold in trust any amount deposited under this section and make payment consistent with a judgment out of money collected as provided in this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2021.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Residential Landlord-Tenant Code; Repairs Costs; Tenant-Caused Property Damage; Trust Fund

 

Description:

Allows a court to order a tenant to deposit the amount of claimed damages into the court at the request of the landlord or landlord's agent in certain court proceedings.  Distributes funds consistent with a judgment.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.