Haw. Code R. § 15-185-65 - Eviction - termination of tenancy by owner
(a) If the owner
wishes to terminate the lease, the owner is required to provide proper notice
as provided in the lease and the Hawaii Residential Landlord-Tenant
Code.
(b) During the term of the
lease the owner may only evict for:
(1)
Serious or repeated violations of the lease, including but not limited to
failure to pay rent or other amounts due under the lease, or repeated violation
of the terms and conditions of the lease;
(2) Violations of federal, state or local law
that imposes obligations on the tenant in connection with the occupancy or use
of the premises;
(3) Criminal
activity by the tenant, any member of, the household, a guest or another person
under the tenant's control that threatens the health, safety or right to
peaceful enjoyment of the premises by the other residents, or persons residing
in the immediate vicinity of the premises or any drug-related criminal activity
on or near the premises;
(4)
Failure to comply with all obligations, restrictions, rules and the like which
are in accordance with section
521-52,
Hawaii Revised Statutes, and which the landlord can demonstrate are reasonably
necessary for the preservation of the property or protection of the persons of
the landlord, other tenants, or any other person; or
(5) Other good cause.
(c) During the initial term of the lease, the
owner may not terminate the tenancy for "other good cause" unless the owner is
terminating the tenancy because of something the family did or failed to
do.
(d) The owner shall provide the
tenant a written notice specifying the grounds for termination of tenancy
pursuant to chapter
521, Hawaii Revised Statutes, before
the commencement of the eviction action. The notice may be included in, or may
be combined with, any owner eviction notice to the tenant. The owner eviction
notice means a notice to vacate, or a complaint, or other initial pleading used
under State or local law to commence an eviction action.
(e) Housing assistance payments are paid to
the owner under the terms of the HAP contract. If the owner has begun eviction
and the family continues to reside in the unit, the corporation shall continue
to make housing assistance payments to the owner until the owner has obtained a
court judgment or other process allowing the owner to evict the tenant. The
corporation may continue housing assistance payments until the family moves or
is evicted from the unit. If the action is finalized in court, the owner must
provide the corporation with the documentation,.. including notice of the date
of physical eviction..
(f) he
corporation shall continue making housing assistance payments to the owner in
accordance with the contract as long as the tenant continues to occupy the unit
in accordance with the terms of the lease. By endorsing the monthly check from
the corporation, the owner certifies that the tenant is still in the unit, and
that the rent is reasonable and is in compliance with the contract.
(g) If an eviction is not due to a serious or
repeated violation of the lease, and if the corporation has no other grounds
for termination of assistance, the corporation may issue a new certificate or
voucher so that the family can move with continued assistance.
Notes
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