If you’re a landlord seeking to evict a tenant, use a Hawaii (HI) eviction notice to begin the process. Your eviction notice must be written according to Hawaii state law, and give your tenant the legally required amount of time to respond or move out.
In Hawaii, evictions are governed by Hawaii Residential Landlord-Tenant Code Chapter 521.
An eviction notice in Hawaii is also known as:
- Hawaii Notice to Pay or Quit
- Hawaii Notice to Vacate
- Hawaii Notice to Quit
- Hawaii Lease Termination
Hawaii Eviction Notices by Type
Download a free eviction notice customized for Hawaii state law below in MS Word (.docx) or Adobe PDF format.
45-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Hawaii, landlords must give tenants 45 days’ notice to move out if they’re on a month-to-month lease.
10-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Hawaii, landlords must give tenants ten days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
5-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Hawaii, landlords must give tenants five days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
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)
What is the Eviction Process in Hawaii?
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 type of eviction notice to begin the eviction. It’s possible at this step 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, a ‘writ of possession’ is issued by the court. 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 officers of the law the power to physically remove the tenant and their possessions from the landlord’s property.
Eviction Information for Hawaii Landlords and Tenants
In order to sue for eviction, the landlord must start by giving the tenant a Hawaii eviction notice. It’s illegal for the landlord to try to evict someone without going through the court.
The landlord isn’t permitted to remove tenants’ belongings, change the locks, or turn off the utilities without a court order. Additionally, landlords may not evict based on discriminatory or retaliatory reasons. Failure to comply with all eviction laws could result in the landlord being unable to legally evict their tenant.
Visit the Hawaii Department of Commerce and Consumer Affairs website for the most current landlord-tenant information.
Tenants have rights, and should know them to ensure they’re treated fairly by their landlord. The Hawaii Landlord-Tenant Handbook can help you if you’ve been served an eviction notice in Hawaii.
The U.S. Department of Housing and Urban Development also has resources that can help if you’re facing eviction.