HILTON HOTELS CORPORATION v. Parnar

Citation: 175 P.3d 162Docket: 27056

Court: Hawaii Intermediate Court of Appeals; January 21, 2008; Hawaii; State Appellate Court

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Eugenie Parnar appeals a December 15, 2004 Judgment for Possession and Writ of Possession from the District Court of the First Circuit, favoring Hilton Hotels Corporation. Parnar raises two primary points: first, that the district court failed to consider Hilton's Exhibit 35 in its findings; second, that it improperly treated her motion for a new trial under Hawaii Rules of Civil Procedure (HRCP) Rule 59 instead of HRCP Rule 60(b)(4) for relief from judgment. The court reviewed the matter and affirmed the district court's decision. 

The uncontested facts include that Parnar entered a rental agreement with Hilton on December 15, 1991, agreeing to pay $799 monthly. After the agreement expired on May 31, 1992, she became a month-to-month tenant. Hilton informed her in March and June 1992 of a rent increase to $900, but Parnar continued to pay only $799. Hilton terminated her tenancy effective June 20, 2004, providing a 45-day notice to vacate, which Parnar did not comply with. Despite multiple written notices from Hilton regarding unpaid rent totaling $15,249.53 and the termination of her tenancy, Parnar remained in possession of the apartment. Following a trial on November 29, 2004, the district court ruled in favor of Hilton, and Parnar’s motion for a new trial was denied on January 20, 2005. Parnar filed her notice of appeal on January 10, 2005. The court noted that Parnar's appeal points hinge on her argument that Hilton's termination notice was inadequate per Hawaii Revised Statutes (HRS) 521-71 (Supp. 2004), despite the clear content of Hilton's May 6, 2004 termination letter.

Hilton provided Parnar with a valid 45-day notice of termination of her tenancy, effective June 20, 2004, in compliance with HRS 521-71(a). Although Hilton reaffirmed this termination in a letter dated June 9, 2004, Parnar contended that a subsequent letter from Hilton on July 22, 2004, constituted a new notice of termination, requiring a fresh 45-day notice period. Parnar's reliance on Hawaiian Elec. Co. Inc. v. DeSantos was misplaced, as that case involved different circumstances related to demolition, and the relevant statute at that time (HRS 521-71(c)) allowed for such extensions, unlike HRS 521-71(a), which does not. The July 22 letter did not amend the termination date but rather reiterated it, demanding immediate vacation of the premises and warning of legal action if Parnar failed to comply or accept a new lease by August 5, 2004. Parnar's claims that the new lease offer implied a rescission of the prior termination notice were unsupported by the evidence. The district court's judgment of possession and denial of Parnar's motion for a new trial were upheld, affirming the decisions made on December 15, 2004, and January 20, 2005. Additionally, Parnar's appeal included procedural violations regarding citations, with warnings issued to her counsel about potential sanctions for future infractions.

You are required to vacate your apartment within 45 days of the notice date, or legal action will be taken to regain possession. If you leave before the deadline, inform the leasing office to adjust your rent accordingly. Your past due rent is $12,230.00, and immediate payment is required. The prior correspondence indicated no knowledge of any sexual harassment investigation or promises regarding your tenancy or rent. Following the expiration of your one-year lease, you became a month-to-month tenant, during which time you have not acknowledged rental increases or allowed necessary access for safety renovations. Your month-to-month tenancy was terminated effective June 20, 2004. You are invited to sign a new lease or must vacate by August 5, 2004, or face a lawsuit for possession, back rent, and legal fees. A rental agreement was previously sent for your unit, detailing a monthly rent of $1,354.15. Hawaii law allows landlords to terminate month-to-month tenancies with a 45-day written notice, requiring tenants to inform landlords of their move-out date and pay prorated rent for the occupancy period. Additional provisions apply for longer notice periods under certain circumstances.