Haw. Rev. Stat. § 666 § 666-5
Acceptance of rent during litigation, effect of.
Operative Text
When any legal proceedings are brought by a landlord to evict a tenant, whether by summary possession proceedings or an action in the nature of an action of ejectment or otherwise, the acceptance of rent by the landlord during the litigation shall not be construed as a recognition of the tenancy and shall be without prejudice to the landlord's legal rights at the inception of the proceedings. In the event the eviction proceedings of whatever nature are successful any rent so paid shall be construed as damages for withholding the occupancy of the premises involved from the landlord. [L 1945, c 251, §1; RL 1955, §240-5; HRS §666-5; am L 1972, c 90, §8(b); gen ch 1985]
Under Haw. Rev. Stat. § 666-5, a landlord who accepts rent payments while an eviction lawsuit is pending does not automatically give up the right to continue that eviction. The law prevents courts from interpreting rent acceptance as a renewal or recognition of the tenancy. If the eviction ultimately succeeds, any rent collected during the litigation is treated as compensation for the landlord's loss of use of the property, not as a waiver of eviction rights.
Plain English — not legal advice.
Haw. Rev. Stat. § 666-5 provides that collecting rent while an eviction case is active does not undermine the legal basis for that case. Operators who continue to accept payments during pending summary possession or ejectment proceedings are generally understood to be collecting damages for withheld occupancy, not reinstating the tenancy. Maintaining clear records of all payments received during litigation helps document that acceptance was made without prejudice to rights established at the start of the proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Haw. Rev. Stat. § 666-5, a landlord's decision to accept rent during an eviction proceeding cannot be used on its own as proof that the tenancy has been renewed or that the eviction has been abandoned. Tenants who have made payments during pending litigation should keep thorough records of those transactions, as the legal characterization of those payments may be relevant to the outcome of the case. Tenant-rights organizations in Hawaii can help explain how this provision may interact with the specific type of eviction proceeding involved.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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