Hawaii Revised Statutes 490:2a-501 Default: Procedure.

§490:2A-501 Default: procedure. (a) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this article.

(b) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this article and, except as limited by this article, as provided in the lease agreement.

(c) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this article.

(d) Except as otherwise provided in section 490:1-305(a), this article, or the lease agreement, the rights and remedies referred to in subsections (b) and (c) are cumulative.

(e) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this part as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case this part does not apply. [L 1991, c 40, pt of §1; am L 2004, c 162, §6]

Section: Previous  490-2a-401  490-2a-402  490-2a-403  490-2a-404  490-2a-405  490-2a-406  490-2a-407  490-2a-501  490-2a-502  490-2a-503  490-2a-504  490-2a-505  490-2a-506  490-2a-507  490-2a-508  Next

Last modified: October 27, 2016