(c) If the landlord removes or excludes the
tenant from the premises overnight without cause or without court order so
authorizing, the tenant may recover possession or terminate the rental
agreement and, in either case, recover an amount equal to two months rent or
free occupancy for two months, and the cost of suit, including reasonable
attorney's fees. If the rental agreement is terminated, the landlord shall
comply with section 521-44(c). The court may also order any injunctive or
other equitable relief it deems proper. If the court determines that the
removal or exclusion by the landlord was with cause or was authorized by court
order, the court may award the landlord the cost of suit, including reasonable
attorney's fees if the attorney is not a salaried employee of the landlord or
the landlord's assignee. [L 1972, c 132, pt of §1; am L 1981, c 235, §2; gen ch
1985]
Rules of Court
Injunctions, see HRCP rule 65.
Case Notes
No discretion to deny damages upon breach. 67 H. 549, 696
P.2d 839 (1985).