Bill Text: HI HB270 | 2016 | Regular Session | Amended


Bill Title: Residential Landlord-tenant Code; Security Deposit

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB270 Detail]

Download: Hawaii-2016-HB270-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

270

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

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 the current definition of security deposit pursuant to the residential landlord-tenant code under chapter 521, Hawaii Revised Statutes, can only be used by a landlord for accidental or intentional damages, cleaning the unit, or compensating for damages caused by a tenant who wrongfully quits the unit.

     The legislature further finds that tenants typically have other obligations under their rental agreement, such as utility expenses, penalties assessed by condominium associations for violations of house rules, charges for late payment of rent, attorney's fees, and bank charges for checks returned due to insufficient funds.  However, these charges, fees, and penalties that are included in the rental agreement do not fall within the scope of the allowable uses of a security deposit.

     The purpose of this Act is to amend the residential landlord-tenant code to permit the use of the security deposit for all charges agreed to by the tenant and the landlord pursuant to the rental agreement.

     SECTION 2.  Section 521-44, Hawaii Revised Statutes, is amended by amending subsection (a) 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]:

         (A)  Accidental or intentional damages resulting from failure to comply with section 521-51[, for failure];

         (B)  Failure to pay rent due[, or for failure];

         (C)  Failure to return all keys furnished by the landlord at the termination of the rental agreement; or

         (D)  Failure to pay any charges, penalties, or fees owed pursuant to the rental agreement 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;

     (3)  Compensate for damages caused by a tenant who wrongfully quits the dwelling unit; and

     (4)  Compensate for damages under subsection (b) caused by any pet animal allowed to reside in the premises pursuant to the rental agreement."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2112.

 


 


 

Report Title:

Residential Landlord-tenant Code; Security Deposit

 

Description:

Amends the residential landlord-tenant code to allow the security deposit to be used for unpaid charges, penalties, and fees that were agreed to by the landlord and tenant pursuant to the rental agreement.  Effective 7/1/2112.  (HD1)

 

 

 

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

 

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