(1) The landlord or landlord's agent shall only file
a summary possession proceeding after the expiration of twenty calendar days
from the date of the tenant's receipt of the ten-calendar-day notice; and
(2) After the filing of the action for summary
possession, the court, in its discretion and based on a finding of good cause,
may order an additional mediation.
(j) A landlord or the landlord's agent may
bring an action solely for rent at any time after the landlord has demanded
payment of past due rent and notified the tenant of the landlord's intention to
bring the action. [L 1972, c 132, pt of §1; am L 1978, c 167, §1; gen ch 1985;
am L 2021, c 57, §§2, 7; am L 2025, c 278, §2]
Note
The L 2025, c 278 amendment to subsection (a) is exempt from
the repeal and reenactment condition of L 2025, c 278, §7(2). L 2025, c 278, §7(2).
Judiciary report to 2028 legislature on the 2025 amendment to
this section. L 2025, c 278, §3.
Case Notes
In action for summary possession for tenant's failure to pay
rent, tenant may assert breach of implied warranty of habitability as defense.
61 H. 144, 598 P.2d 161 (1979).
Landlord was not entitled to summary possession of dwelling
unit based on tenant's alleged failure to pay November rent, regardless of
whether check deposited by landlord prior to expiration of five-day notice
period to pay November rent was applied to November rent or December rent. 136
H. 430, 363 P.3d 278 (2015).