Section 521-68 - Landlord's remedies for failure by tenant to pay rent(a) A landlord or the landlord's agent may, any time after rent is due, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than five business days after receipt thereof, the rental agreement will be terminated. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit. If the tenant remains in default, the landlord may thereafter bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession.(b) A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action.Amended by L 2021, c 57,§ 7, eff. 1/1/2023 or upon the one year anniversary of the expiration date identified by the governor of the final eviction moratorium identifed in section 2 of this act that the governor will not be issuing any futher evicition moratoriums in response to the COVID-19 pandemic, whichever is sooner.Amended by L 2021, c 57,§ 2, eff. 6/16/2021.L 1972, c 132, pt of §1; am L 1978, c 167, §1; gen ch 1985 In action for summary possession for tenant's failure to pay rent, tenant may assert breach of implied warranty of habitability as defense. 61 H. 144, 598 P.2d 161.