(a) The tenant shall be liable to the landlord for any damage proximately caused by the tenant’s unreasonable refusal to allow access as provided in section 521-53(a).
lease

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Terms Used In Hawaii Revised Statutes 521-73

  • Dwelling unit: means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. See Hawaii Revised Statutes 521-8
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Landlord: means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord. See Hawaii Revised Statutes 521-8
  • Person: includes an individual, corporation, government or governmental agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Hawaii Revised Statutes 521-8
  • Rental agreement: means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises. See Hawaii Revised Statutes 521-8
  • Tenant: means any person who occupies a dwelling unit for dwelling purposes under a rental agreement. See Hawaii Revised Statutes 521-8
(b) Except for an entry under an emergency such as fire, the landlord shall be liable to the tenant for any theft, casualty, or other damage proximately caused by an entry into the dwelling unit by the landlord or by another person with the permission or license of the landlord:

(1) When the tenant is absent and has, after having been notified by the landlord of a proposed entry or entries, refused consent to any such specific entry;
(2) Without the tenant’s actual consent when the tenant is present and able to consent; or
(3) In any other case, when the damage suffered by the tenant is proximately caused by the landlord’s negligence.
(c) In the event of repeated demands by the landlord for unreasonable entry, or any entry by the landlord or by another with the landlord’s permission or license which is unreasonable and not consented to by the tenant:

(1) The tenant may treat such actions as grounds for termination of the rental agreement;
(2) Any circuit court judge on behalf of one or more of the tenants may issue an injunction against a landlord to enjoin violation of this subsection;
(3) Any circuit court judge hearing a dispute as set out in [paragraph] (2) may also assess a fine not to exceed $100.
(d) Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent by a tenant to a particular entry, shall be void.

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