§521-52 - Tenant to use properly. - Hawaii Statutes

     §521-52  Tenant to use properly.  (a)  The tenant shall comply with all obligations or restrictions, whether denominated by the landlord as rules, or otherwise, concerning the tenant's use, occupancy, and maintenance of the tenant's dwelling unit, appurtenances thereto, and the premises of which the dwelling unit is a part, if:

     (1)  Such obligations or restrictions are brought to the attention of the tenant at the time of the tenant's entry into the rental agreement; or

     (2)  Such obligations or restrictions, if not so known by the tenant at the time of the tenant's entry into the rental agreement, are brought to the attention of the tenant and, if they work a substantial modification of the tenant's bargain under the rental agreement, are consented to in writing by the tenant.

     (b)  No such obligation or restriction shall be enforceable against the tenant unless:

     (1)  It is for the purpose of promoting the convenience, safety, or welfare of the tenants of the property, or for the preservation of the landlord's property from abusive use, or for the fair distribution of services and facilities held out for the tenants generally;

     (2)  It is reasonably related to the purpose for which it is established;

     (3)  It applies to all tenants of the property in a fair manner; and

     (4)  It is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply.

     (c)  In a rental agreement for a single family residence, a landlord shall not prohibit a tenant from erecting, maintaining, or displaying an otherwise legal sign or outdoor advertising device that urges voters to vote for or against any person or issue; provided that reasonable restrictions are permissible for purposes of complying with applicable building and housing laws affecting health and safety.

     (d)  If the dwelling unit is an apartment or unit in a condominium property regime the tenant shall comply with the bylaws of the association of owners under chapter 514A or 514B and if the dwelling unit is an apartment in a cooperative housing corporation the tenant shall comply with the bylaws of the corporation. [L 1972, c 132, pt of §1; gen ch 1985; am L 1988, c 65, §2; am L 2003, c 194, §2; am L 2008, c 28, §38]