[PART I.
GENERALLY]
Revision Note
Part heading added pursuant to §23G-15.
§666-1 Summary possession on termination or
forfeiture of lease. Whenever any lessee or tenant of any lands or
tenements, or any person holding under the lessee or tenant, holds possession
of lands or tenements without right, after the termination of the tenancy,
either by passage of time or by reason of any forfeiture, under the conditions
or covenants in a lease, or, if a tenant by parol, by a notice to quit of at
least ten days, the person entitled to the premises may be restored to the
possession thereof in [the] manner hereinafter provided. [CC 1859, §939; am L
1864, p 14; RL 1925, §2778; RL 1935, §4013; RL 1945, §10401; RL 1955, §240-1;
HRS §666-1; am L 1972, c 90, §8(a)]
Cross References
Acceptance of rent during litigation, see §666-5.
Jurisdiction of district court, see §§604-5, 666-6.
Rules of Court
Raising of dispute as to title in summary possession action,
requisites, see DCRCP rule 12.1.
Case Notes
Generally.
Statutory remedy not exclusive but is cumulative with
ejectment. 3 H. 127 (1869); 26 H. 661, 664 (1922).
Lessor desiring to oust tenant for nonpayment of rent must
pursue proper legal procedure or run risk of liability. 5 H. 548 (1886).
Requirements for surrender of lease by operation of law. 9
H. 384 (1894).
Pendency of prior action of ejectment not ground for
abatement of subsequent summary possession action between same parties. 11 H.
416 (1898).
Holdover without protest after notice of increased rent. 30
H. 29 (1927).
Forfeiture of lease--waiver of right of, estoppel to enforce;
relief against. 44 H. 543, 356 P.2d 379 (1960).
Surrender of lease by written document, when effective. 45
H. 445, 370 P.2d 463 (1962).