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HRS §666-5

Rent paid during eviction does not mean the lease is still valid

If a landlord is trying to evict a tenant and the tenant pays rent during the court case, the landlord can accept that money without giving up the eviction. The rent is not a sign that the tenancy is still recognized. If the landlord wins, the rent is treated as payment for the tenant staying without permission.

landlordstenants

The statute, as written — Acceptance of rent during litigation, effect of

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.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.