A Hawaii eviction notice is a legal document completed by landlords or property managers to address tenant violations such as unpaid rent, lease breaches, or illegal activities. The notice outlines the issue and specifies the number of days the tenant has to rectify it. If the tenant fails to comply, the next step is filing an eviction lawsuit. Following the state’s specific legal requirements for eviction notices is crucial to ensure the process is valid and enforceable.
By Type
5-Day Notice to Pay Rent or Quit
Begin evicting a tenant if they haven’t paid rent on time.
10-Day Notice to Quit for Non-Compliance
Give tenants ten days to fix (or “cure”) the problem before eviction can proceed in court.
45-Day Lease Termination
Inform the tenants to move out if they’re on a month-to-month lease.
Eviction Laws & Requirements
- Eviction Lawsuit: Part VI of the Landlord Tenant Code of Hawaii.
- Grace Period for Rent Payment: No statute (Handbook pg. 26).
- Late or Non-Rent Payment Notice: 5 days (§ 521-68).
- Notice of Non-Compliance: 10 days (§ 521-72).
- Lease Termination (Month-to-Month): 45 days (§ 521-71).
How to Evict a Tenant in Hawaii
Evictions in the state are governed by Hawaii Residential Landlord-Tenant Code Chapter 521.
Step 1: Landlord Provides Written Notice
Before the eviction process begins, a landlord may want to give their tenant a late rent notice, which encourages them to correct their rental agreement violation. If this doesn’t work, the landlord may have to evict their tenant(s).
Landlords must provide the tenant with the correct eviction notice type. At this step, it’s possible that the tenant and landlord will agree on the tenant moving out, in which case they can skip the last steps and use a lease termination letter.
Step 2: Landlord Files Complaint
If the tenant fails to correct their violation or respond to the eviction notice, the landlord may file a summons and complaint with the district court in their county. This comes with a filing fee of $155.00, and the landlord must include a copy of the lease and eviction notice that they served the tenant.
Step 3: The Summons and Complaint Are Served
A process server, licensed in Hawaii, must deliver the summons and complaint to the tenant. The tenant then has five days after receiving the summons to respond.
Step 4: Writ of Possession Issued
If the tenant doesn’t respond, the court issues a ‘writ of possession.’ This allows the landlord to have a police officer remove the tenant and their possessions from the property.
Related Hawaii Court Forms
- Complaint: This form is filed with the district court and legally served to the tenant to let them know the reason(s) they’re being sued for eviction.
- Summons: This form notifies the tenant of the eviction process in Hawaii, the time and date of the hearing, and the consequences of not responding to the notification.
- Writ of Possession: If the court rules in favor of the landlord, this form gives law officers the power to physically remove the tenant and their possessions from the landlord’s property.
