In lease of dwellings, there is implied warranty of
habitability and fitness for use intended. 51 H. 426, 462 P.2d 470 (1969).
Implied warranty of habitability applies to unfurnished as well as furnished
dwellings. 51 H. 473, 462 P.2d 482 (1969).
Subleases and assignments; rights and liabilities of parties
for payment of rent. 51 H. 493, 464 P.2d 285 (1970).
Damages.
Measure of damages recoverable by owner for prospective
lessee's breach is excess of rent over fair market value. 56 H. 507, 542 P.2d
1265 (1975).
Defenses.
Equitable defenses. 19 H. 190, 191 (1908); 26 H. 642,
644-647 (1922).
Tenant may show that subsequent to commencement of tenancy
landlord's title passed to another upon foreclosure of mortgage. 27 H. 631
(1923).
Retaliatory eviction. 59 H. 104, 577 P.2d 326 (1978).
Tenant may assert breach of implied warranty of habitability
as defense, when. 61 H. 144, 598 P.2d 161 (1979).
Demand.
For payment of taxes is not prerequisite to the right
to declare a forfeiture for their nonpayment. 15 H. 632 (1904); 21 H. 123, 127
(1912); 25 H. 253, 262 (1919). Demand for rent before claiming a forfeiture
may be waived in the lease. 15 H. 632 (1904).
Forfeiture.
Forfeiture clause strictly construed. 3 H. 127 (1869); 25 H.
253 (1919). Breach of condition subsequent in a deed does not work a
forfeiture but gives the grantor the right to declare a forfeiture. 11 H. 330
(1898). Acceptance of a lease from a stranger for a part or the whole of the
demised premises is ground for a forfeiture of the prior lease. 13 H. 637
(1901). Breach of covenant does not work a forfeiture unless lease contains
provision for forfeiture and re-entry. 26 H. 279 (1922).
Issues and proof.