Report Title:

Landlord-tenant Code

Description:

Provides a definition of "good faith".

HOUSE OF REPRESENTATIVES	H.B. NO.	350
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to the landlord-tenant code.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION  1.  Section 521-10, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§521-10[]]  Duties; obligation of good faith.  Every duty imposed by this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.  For the purposes of this section, "good faith" means a state of mind consisting of:

(1) Honesty in belief or purpose;

(2) Faithfulness to one's duty or obligation;

(3) Observance of reasonable commercial standards of fair dealing in the residential rental business; and

(4) Absence of intent to harass, defraud, or to seek unconscionable advantage."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2009.

INTRODUCED BY:

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