Hi Kai Investment v. Aloha Futons Beds & Waterbeds

929 P.2d 88 (1996)

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Hi Kai Investment v. Aloha Futons Beds & Waterbeds

Hawaii Supreme Court
929 P.2d 88 (1996)

Facts

Aloha Futons Beds & Waterbeds (defendant) leased property from Hi Kai Investment (plaintiff) for a term of 10 years. In the event of a breach by Aloha, the lease required Aloha to pay the total rent for the 10-year term, minus any income from Hi Kai’s subsequent re-renting of the property. After Aloha defaulted on payments, Hi Kai brought a summary possession action, seeking possession of the property, past rent, and damages equal to future rent through the lease expiration date. The district court issued writs of possession in Hi Kai’s favor, and further awarded Hi Kai damages equal to the rent that had accrued before issuance of the writs of possession. The court, however, denied Hi Kai’s request for damages representing future rent payments through the end of the lease term accruing after the date the writs were issued, concluding that Hawai’i Revised Statutes (HRS) Chapter 666 (1993) precludes a landlord from collecting any damages accruing after a writ of possession has been issued. Hi Kai appealed, contending that Chapter 666 does not prohibit a landlord from bringing an action for both possession and damages that might accrue after possession is awarded.

Rule of Law

Issue

Holding and Reasoning (Ramil, J.)

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