Hawaii Eviction Process

How to Evict a Tenant in Hawaii (6 Steps)

Step 1: Write and Send Eviction Notice

You may deliver the eviction notice by any lawful method that results in the actual notification of the tenant. However, state laws governing evictions (Haw. Rev. Stat. Div. 3 Tit. 28 Ch. 521) specifically endorse:

• Hand delivery to the tenant.
• Delivery to the tenant’s address of record.

Step 2: File for Eviction

If the tenant does not act accordingly during the notice period, you can file for eviction at the District Court in the county of the property.

All required documents include the lease agreement, notice to quit, filing fee, and complaint and summons. The filing fee is $155.

Step 3: Arrange for Tenant to Be Served

It is your responsibility to assign a licensed process server the task of delivering the complaint and summons to the tenant. The tenant can then respond within a time period specified by the court, usually between five and seven days.

Step 4: Attend Hearing

Both parties must appear in court. Tenants have common defenses, asserting landlord non-compliance with responsibilities like property maintenance, incorrect court filings, retaliatory eviction attempts, or unauthorized “self-help” actions.

If the tenant fails to appear, the court may rule in your favor by default.

Step 5: Obtain Writ of Possession

If you receive a winning verdict at the hearing, the court will then issue a Writ of Possession. This is the tenant’s final notice to move out before being forcibly removed by law enforcement.

Step 6: Repossess the Property

The tenant can leave voluntarily before the writ is executed. Otherwise, the sheriff or other appropriate law enforcement official will remove the tenant and their belongings from the property.

Eviction Reasons

Legal grounds to evict tenants in Hawaii include:

• Failure to pay rent on time.
• Tenant violation of the lease rules.
• Tenant creating a public nuisance.
• Tenant committing illegal acts at the property.
• Tenant refusing to leave after the lease expires.
• Landlord planning to convert or demolish the unit.

Notice for Termination With Cause

Curable eviction reasons include smaller offenses that can be easily fixed, like paying past-due rent to remain living there.

Incurable evictions are usually in response to more serious offenses, like substantial property damage or illegal activity. With an incurable offense, a tenant must move out within the notice period to avoid furthering the eviction process.

1. Five-Day Notice to Pay Rent

Overview:

• The landlord can give the tenant a 5-day eviction notice if the rent is not paid when due.
• Curable by payment during the notice period (Haw. Rev. Stat. § 521-68).
• Rent payments are considered due on the first of each month and late on the second unless a rental agreement states otherwise. If the lease gives a tenant a grace period, their landlord must honor that clause.

2. Ten-Day Notice to Remedy

Overview:

• Incurs a 10-day notice to comply or quit.
• Curable by fixing the problem within the notice period (Haw. Rev. Stat. § 521-69).
• Common examples of lease violations include:
  • Causing minor and fixable damage to the rental unit.
  • Allowing unauthorized occupants or guests to reside in the unit long-term.
  • Having or watching a pet on a pet-free property.
  • Refusing to allow the landlord lawful access to the unit.
  • Smoking inside or in outdoor nonsmoking areas.
  • Failing to keep the unit reasonably maintained, clean, and sanitary.
  • Using fixtures or appliances in an unsafe manner.
  • Disturbing the peace and enjoyment of others.

3. Illegal Activity

Overview:

• The landlord can immediately file for eviction without notice.
• Common examples of criminal acts that may lead to eviction in the state include:
  • Committing substantial property damage either on purpose or through negligence.
  • Threatening to cause or causing harm to another person on the premises.
  • Owning, selling, or using drugs or other illicit substances.

4. Rental Property Abandonment

Overview:

• If the lease agreement requires a tenant to notify the landlord of any extended leaves of absence and the tenant fails to do so, the landlord can evict them.
• Curable by returning to the unit and remedying any lapses in proper maintenance within the notice period (Haw. Rev. Stat. § 521-70).
• A tenant who breaks their lease by abandonment, on top of facing eviction, also owes the landlord the lesser of:
  • The entire rent due for the remainder of the term.
  • All rent accrued during the period reasonably necessary to re-rent the dwelling unit, plus the difference between fair rent and the rent agreed to by the tenant and a reasonable commission.

5. Holdover Tenancy

Overview:

• Incurable, so the tenant must vacate immediately.
• Landlord only has 60 days after a fixed term lease expires to evict before the tenant is considered a month-to-month tenant (Haw. Rev. Stat. § 521-71).

Notice for Termination Without Cause

When no blame is placed on the tenant, the landlord’s decisions regarding the property are the cause of eviction:

• The landlord does not want to renew a lease after it expires.
• The rental unit is going to be demolished.
• The rental unit is going to be converted into a short-term rental.
• The rental unit is going to be converted into condominiums.

1. Notice to End a Week-to-Week Tenancy

Overview:

• The landlord must serve a 10-day notice to terminate the lease.
• The tenant becomes a holdover the day after the notice period and lease end.

2. Notice to End a Month-to-Month Tenancy

Overview:

• The landlord must serve a 45-day notice to terminate the lease.
• Should the tenant fail to vacate the rental unit as required, the landlord can initiate an eviction lawsuit against them.

3. Notice to End a Fixed Term Tenancy

Overview:

• Written notice to move isn’t necessary unless specified in the lease terms.
• If a landlord wants to terminate the tenancy withot legal cause, they must wait until the lease expires for the tenant to vacate.
• After the lease term ends, if the tenant remains, the landlord should cease accepting rent and file for eviction within 60 days.

4. Rental Unit Is Going to Be Demolished

Overview:

• 120-day notice is required to give tenants enough time to find a new residence and move out before demolition (Haw. Rev. Stat. § 521-71(c)).
• This only applies when demolition is voluntary by the landlord’s decision, not when a health or safety issue requires it.

5. Rental Unit Is Going To Be Converted Into a Short-Term Rental

Overview:

• 120-day notice is required to give tenants enough time to find a new residence and move out before conversion.
• This notice is used in situations where a landlord, likely for financial reasons, chooses to rent out a unit as an AirBnB, VRBO, or similar instead of housing longer-term tenants.

6. Rental Unit Is Going To Be Converted Into Condos

Overview:

• 120-day notice is required to give tenants enough time to find a new residence and move out before renovating and selling rental units as condominiums.
• Tenants may vacate at any time. If they leave before the notice period is up, they must let the landlord know their move-out date in advance and will pay a prorated rent rate between when they move and the date they were required to move by.

Eviction Timeline

Tenant Rights in Hawaii

Two different types of eviction are illegal in Hawaii to protect tenants from harassment by their landlords. They are known as self-help and retaliatory methods.

If landlords perform any of these or related actions and disrespect a tenant’s rights, they may face fines. According to Haw. Rev. Stat. § 521-74, a landlord convicted of an illegal eviction act may have to pay the tenant:

• Damages sustained
• The cost of the suit
• Reasonable attorney’s fees

Self-Help Evictions

Self-help eviction acts, or measures that landlords take to force a tenant to vacate outside of the formal eviction process, are illegal in the state. Prohibited actions include:

• Changing the locks.
• Shutting off water and utilities.
• Removing tenants’ belongings from the premises.

Essentially, a landlord may not attempt to remove a tenant or force them out themselves. They must allow the court system to make the decision and the proper authorities to perform tenant removal if a situation comes to that.

Retaliatory Evictions

Evictions used as revenge against a tenant for exercising a legally protected right — known as retaliatory evictions — are also illegal. Protected tenant actions include:

• Making good faith requests for maintenance and repairs.
• Complaining about unsafe living conditions to the landlord, office of consumer protection, department of health, or any other relevant government authority.
• Pursuing legal action against the landlord.
• Starting, joining, or participating in events run by a tenant organization or union.

Abandoned Property

When a tenant abandons property after eviction, the landlord must give proper notice before properly disposing of the belongings. All regulations about handling abandoned tenant property are explained in Haw. Rev. Stat. § 521-56.

The steps for landlords to properly deal with any personal property left behind by a tenant in Hawaii are as follows:

1. Determine, in good faith, whether or not the belongings are of value.
2. Dispose of any perishable items or property deemed not of any possible value.
3. Make reasonable efforts to notify the tenant (at least 15 days before disposal) of any property of value left behind, including:
   • What it is.
   • Where it was left.
   • Where it is being kept.
   • Any storage fees the tenant is responsible for.
   • How to recover it.
   • When and how you plan to dispose of it.
4. If you plan to sell the property, circulate a notice of the sale in the newspaper local to the premises for at least three consecutive days before selling it.
5. Either sell the belongings or donate them to a charity.
6. After selling the property, you can immediately deduct any accrued rent and costs related to storage and sale from the proceeds. The rest must be held in trust for the tenant for at least 30 days before you can claim it.

Resources

• The Hawaii landlord-tenant handbook from the Department of Commerce and Consumer Affairs.
• Landlord and tenant forms from the State Judiciary.
• The Legal Aid Society of Hawaii’s eviction guide which details the court process from the tenant’s perspective.
• STAE, or steps to avoid eviction, from the State Judiciary.