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KAIAMA v. AGUILAR

No. 9893.

696 P.2d 839 (1985)

Charlene KAIAMA and John Jarnesky, Plaintiffs-Appellants, v. Mamerto and Sebastiana AGUILAR, Defendants-Appellees.

Supreme Court of Hawaii.

March 12, 1985.

Attorney(s) appearing for the Case

Isaac Hall, Legal Aid Society, Wailuku, for plaintiffs-appellants.

Antonio V. Ramil, Wailuku, for defendants-appellees.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI, and WAKATSUKI, JJ.

NAKAMURA, Justice.

The Residential Landlord-Tenant Code, Hawaii Revised Statutes (HRS) Chapter 521, provides tenants with a specific remedy for unlawful removals or exclusions from rental premises; in pertinent part the Code states:

If the landlord removes or excludes the tenant from the premises overnight without cause or without court order so authorizing, the tenant may recover possession or terminate the rental...

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