SB2834

SECTION 1. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§521- Death of a tenant; notice. (a) As part of the rental agreement or in a separate written instrument, a tenant may designate the name and contact information, including mailing address, of a representative authorized by the tenant to collect or dispose of tenant's belongings within the unit if the tenant becomes deceased during the tenancy.

(b) Upon the death of the tenant or in the case of multiple tenants, the death of all tenants, the landlord shall contact the representative by registered mail and any other contact information provided by tenants to provide notice pursuant to subsection (c). In the absence of a written designation by the tenant of a representative, the landlord shall send notice to the estate of the deceased tenant at the rented premises address. If upon delivery of the notice to the estate, an individual comes forward and provides the landlord with a court order evidencing their authority to act as a representative for the deceased tenant, the person shall be considered the representative for the purposed of this section.

(1) The name of the deceased tenant, the address of the rented premises, and that the representative, if any, was identified by the tenant to collect or dispose of the tenant's belongings in the event of their death;

(2) The approximate date of the deceased tenant's death;

(3) The monthly rent amount and the date through which rent has been paid;

(4) A statement that the tenancy will terminate fifteen days from the date the notice is mailed or personally delivered or the date through which the rent has been paid, whichever is later; and

(5) A statement that upon the termination of the tenancy, the landlord may dispose of any remaining property which the landlord, in good faith, determines to be of value, in or around the rented premises, by either:

(A) Selling the property, in a commercially reasonable manner;

(B) Storing the property at the expense of the tenant's estate; or

(d) If the representative contacts the landlord within fifteen days of the mailing of the written notice pursuant to subsection (c), the landlord shall provide access to the representative for the sole purpose of allowing the representative to remove the tenants' belongings in a reasonable manner. The landlord shall allow access to the premises for the representative to remove the tenants' property and return the premises to the landlord. This section shall not create a landlord-tenant relationship between the landlord and the representative.

(e) The tenancy shall terminate fifteen days from the date the notice is mailed or personally delivered to the representative or the tenant's estate, or the date through which the rent has been paid, whichever is later. Upon the termination of the tenancy, the landlord may dispose of any remaining property in or around the unit which the landlord, in good faith, determines to be of value by either:

(1) Selling the property, in a commercially reasonable manner;

(2) Storing the property at the expense of the tenant's estate; or

(3) Donating the property to a charitable organization.

(f) The method of disposal of the remaining property of value shall be at the discretion of the landlord and without liability to the landlord; provided that the landlord is in compliance with this section. If property is sold in a commercially reasonable manner, then the proceeds of the sale, after deducting accrued rent and costs of storage, advertising, and sale, shall be held in a trust for the representative for thirty days, after which time the proceeds shall be forfeited to the landlord.

(g) The landlord may dispose of any remaining property that has no value, including but not limited to trash and perishable food, immediately and without notice to the representative or tenant's estate without liability.

(h) Within fourteen days of the termination of the tenancy or fourteen days after the representative has removed the tenants' property, the landlord shall account for the security deposit as provided by section 521-44; provided that any security deposit balance owed to the tenant shall be paid to representative.

(i) A landlord in compliance with the provisions of this section shall have no further duty or liability to the representative or the tenant's estate after the expiration of the tenancy."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2834
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII