A Hawaii eviction notice is an essential tool for landlords seeking to begin tenant eviction proceedings. Your notice must be written according to Hawaii state law and give your tenant the legally required time to respond or move out.
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Download a free eviction notice customized for Hawaii state law below in MS Word (.docx) or Adobe PDF format.
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
In Hawaii, evictions 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. 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, 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.