§666-14 - Writ stayed how, in proceedings for nonpayment of rent. - Hawaii Statutes

     §666-14  Writ stayed how, in proceedings for nonpayment of rent.  The issuing of the writ of possession shall be stayed in the case of a proceeding for the nonpayment of rent, if the person owing the rent, before the writ is actually issued, pays the rent due and interest thereon at the rate of eight per cent a year and all costs and charges of the proceedings, and all expenses incurred by plaintiff, including a reasonable fee for the plaintiff's attorney. [CC 1859, §946; RL 1925, §2787; am L 1927, c 124, §1; RL 1935, §4024; RL 1945, §10413; RL 1955, §240-14; HRS §666-14; am L 1972, c 90, §8(g); gen ch 1985]

 

Rules of Court

 

  See DCRCP rule 62.

 

Case Notes

 

  Breach of covenant to pay rent cured by tender made in court or tender made after judgment, but before issuance of writ.  14 H. 590, 592-593; 28 H. 160.

  Writ of possession may be canceled if it was mistakenly issued.  59 H. 472, 583 P.2d 352.

  In making attorney's fee awards under §607-14 and this section, the trial court must designate the specific amount awarded pursuant to each statute to prevent duplicative awards and permit effective appellate review of awards.  85 H. 501 (App.), 946 P.2d 609.

  Under this section, a landlord may, incident to a summary possession action, seek attorney's fees attributable to the summary possession action which are in addition to, but not duplicative of, any fees awarded under §607-14.  85 H. 501 (App.), 946 P.2d 609.

  Cited:  27 H. 308, 321; 27 H. 362, 364.