Bill Text: HI SB2834 | 2024 | Regular Session | Amended
Bill Title: Relating To The Landlord-tenant Code.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2024-05-29 - Act 033, 05/28/2024 (Gov. Msg. No. 1133). [SB2834 Detail]
Download: Hawaii-2024-SB2834-Amended.html
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THE SENATE |
S.B. NO. |
2834 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE LANDLORD-TENANT CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§521- Death
of a tenant; notice. (a)
As part of the rental agreement or in a separate written instrument, a tenant
may designate the name and contact information, including mailing address, of a
representative authorized by the tenant to collect or dispose of the tenant's personal
property within the unit if the tenant becomes deceased during the tenancy.
(b) Upon
the death of the tenant or in the case of multiple tenants, the death of all
tenants, the landlord shall contact the representative by registered mail and
any other contact information provided by the tenants to provide notice pursuant
to subsection (c). In the absence of a
written designation by the tenant of a representative, the landlord shall send notice
to the estate of the deceased tenant at the rented premises address. If upon delivery of the notice to the estate,
an individual comes forward and provides the landlord with a court order
evidencing their authority to act as a representative for the deceased tenant, the
person shall be considered the representative for the purpose of this section.
(c) The
notice required under this section shall contain the following information:
(1) The name of the
deceased tenant, the address of the rented premises, and that the representative,
if any, was identified by the tenant to collect or dispose of the tenant's personal
property in the event of their death;
(2) The approximate
date of the deceased tenant's death;
(3) The monthly
rent amount and the date through which rent has been paid;
(4) A statement
that the tenancy will terminate fifteen days from the date the notice is mailed
or personally delivered or the date through which the rent has been paid,
whichever is later; and
(5) A statement
that upon the termination of the tenancy, the landlord may dispose of any
remaining personal property that the landlord, in good faith, determines to be
of value, in or around the rented premises, by either:
(A) Selling
the property, in a commercially reasonable manner;
(B) Storing
the property at the expense of the tenant's estate; or
(C) Donating
the property to a charitable organization.
(d) If the representative contacts the landlord
within fifteen days of the mailing of the written notice pursuant to subsection
(c), the landlord shall provide access to the representative for the sole
purpose of allowing the representative to remove the tenant's personal property
in a reasonable manner. The landlord
shall allow access to the premises for the representative to remove the tenant's
personal property and return the premises to the landlord. This section shall not create a
landlord-tenant relationship between the landlord and the representative.
(e) The tenancy shall
terminate fifteen days from the date the notice is mailed or personally
delivered to the representative or the tenant's estate, or the date through
which the rent has been paid, whichever is later. Upon the termination of the tenancy, the
landlord may dispose of any remaining personal property in or around the unit
which the landlord, in good faith, determines to be of value by:
(1) Selling the
property, in a commercially reasonable manner;
(2) Storing the
property at the expense of the tenant's estate; or
(3) Donating the
property to a charitable organization.
(f) The method of disposal of the remaining personal
property of value shall be at the discretion of the landlord and without
liability to the landlord; provided that the landlord is in compliance with this
section. If personal property is sold in
a commercially reasonable manner, then the proceeds of the sale, after deducting
accrued rent and costs of storage, advertising, and sale, shall be held in a trust
for the representative for thirty days, after which time the proceeds shall be
forfeited to the landlord.
(g) The landlord may
dispose of any remaining personal property that has no value, including but not
limited to trash and perishable food, immediately and without notice to the representative
or tenant's estate without liability.
(h) Within fourteen
days of the termination of the tenancy or fourteen days after the
representative has removed the tenant's personal property, the landlord shall
account for the security deposit as provided by section 521-44; provided that
any security deposit balance owed to the tenant shall be paid to
representative.
(i) A landlord in
compliance with the provisions of this section shall have no further duty or
liability to the representative or the tenant's estate after the expiration of
the tenancy.
(j) A landlord shall have no obligation to
disclose the death of a tenant or the history of deaths of tenants in a rented
unit to a prospective tenant."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2040.
Report Title:
Residential Landlord-Tenant Code; Death of Tenant
Description:
Amends
the Residential Landlord-Tenant Code to provide for a process to dispense of the
tenant's personal property and return the premises to a landlord when there is
a death of a tenant. Takes effect
7/1/2040. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
