HRS § 521-42 imposes an implied warranty of habitability. A Hawaii landlord must comply with applicable building and housing laws materially affecting health and safety, make repairs to keep the premises habitable, keep common areas clean and safe, and maintain landlord-supplied electrical, plumbing, and other facilities in good working order.
Under HRS § 521-42 the landlord must 'comply with all applicable building and housing laws materially affecting health and safety,' 'make all repairs and arrangements necessary to put and keep the premises in a habitable condition,' and 'keep common areas of a multi-dwelling unit premises in a clean and safe condition.' The landlord must also 'maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear,' provide rubbish and garbage receptacles for multi-unit premises, and supply running water as reasonably required. The statute also requires a written inventory before occupancy; if none is taken, the condition at move-out is presumed unchanged from initial occupancy.
No specific statutory penalty in § 521-42 itself. Tenant remedies for noncompliance appear in HRS §§ 521-63 to 521-78 and may include repair-and-deduct, rent reduction, termination, or damages where the landlord fails to maintain habitable conditions.
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