Eviction Process in Hawaii

Are you a Hawaii property owner struggling with a tenant who refuses to pay rent or follow the lease?

The eviction process in Hawaii follows very specific legal steps. Skipping any step or using the wrong notice could lead to delays or dismissal of your case.

To help you understand how to proceed, Hawaii Coastal Property Management put together this detailed guide on the Hawaii evictions. It explains the lawful grounds for eviction, notice periods, court steps, and how property repossession works after judgment.

What’s the Eviction Process in Hawaii? Here’s a Guide

Notice for Lease Termination with Legal Cause

Hawaii landlords are able to evict a renter for a variety of legal reasons under Hawaii’s landlord-tenant laws. Such reasons include:

• Nonpayment of rent
• Violation of the lease agreement
• Conducting illegal activities at the property
• Staying after the lease has expired without permission
• Failure to maintain the property as required by the lease

The type of notice used for an eviction is determined by the reason for why you’re initiating the eviction.

There are three different types of eviction notices given in Hawaii:

5-Day Notice to Pay Rent or Quit: used when a tenant does not fulfill their rent obligation. This notice allows the tenant five business days after receiving notice to pay the balance or move out.

10-Day Notice to Cure or Vacate: used when a tenant breaches the lease agreement (for example, keeping pets without permission, damaging property, or creating disturbances). This form of written notice grants the tenant ten business days to correct the breach or vacate.

45-Day Notice to Terminate Tenancy (Without Cause): used to end a month-to-month tenancy when there is no specific violation. The landlord must provide at least forty-five days’ written notice before the termination date.

Each notice must be in writing and delivered properly to the tenant according to Hawaii landlord-tenant law.

Serving an Eviction Notice to a Hawaii Tenant

Without a cause, procedures for ending a lease agreement depend on the duration of the tenant’s stay in your rental property.

If the tenancy is month-to-month, the landlord-tenant laws in Hawaii require giving the tenant a 45-day notice to end the lease agreement and tenancy.

If the tenant is on a week-to-week tenancy, a 10-day notice is required.

For fixed-term lease agreements, the landlord must wait for the lease period to come to an end, with the exception of legal causes such as nonpayment of rent or lease violations.

Both no-cause notices must clearly inform the renter that the landlord does not intend to renew the lease. Notices should include the date of termination and instructions for move-out.

Tenant Defenses for Evictions in Hawaii

Tenants in Hawaii may raise several defenses during the eviction process. A tenant may claim:

• The landlord did not properly serve the eviction notice
• The landlord accepted partial rent after serving the notice
• The rental unit was uninhabitable or unsafe
• The eviction was retaliatory (for example, because the tenant complained to authorities)
• The landlord discriminated against the tenant
• The tenant had already corrected the lease violation within the allowed period

If any of these defenses are proven, the court may dismiss the eviction or require the landlord to correct the issue before proceeding.

Attending Court Hearing

Hawaii landlord-tenant law requires attendance from both the landlord and the tenant at the court hearing during the eviction proceedings. After serving the notice and waiting for the required period, the landlord files a Summary Possession lawsuit in District Court.

State law does not specify how soon the hearing must occur after filing. If the tenant does not appear, the court issues a default judgment for the landlord, and the eviction continues.

If the landlord wins, the court issues a Writ of Possession. The Writ of Possession allows for the law enforcement to evict the tenant. If the tenant wins, they remain in the rental unit, and both parties must follow the court’s final order.

Writ of Possession

After the court rules for the landlord, they can request a Writ of Possession, which authorizes law enforcement to evict the tenant, which can take 5-7 days. Writs are issued by the court and enforced by law under the District course. Once issued, the rental agreement is canceled.

The writ serves as the tenant’s final notice to vacate and remove belongings. If the tenant stays past the deadline, the sheriff or authorized officer will forcibly evict them and return possession of the rental to the landlord.

For the storage of the tenant’s property, Hawaii landlords must hold the tenant’s left-behind belongings for 15 days after notice according to HRS §521-56.

The Eviction

Once the Writ of Possession is issued and served, a sheriff, deputy sheriff, police officer, or another court-authorized person will enforce the order.

If the tenant remains in the rental property after any grace period listed in the writ expires, law enforcement will forcibly remove the tenant and legally return the property to the landlord.

The landlord should change the locks immediately after regaining possession. Hawaii law strictly prohibits “self-help” evictions, such as removing tenants or their belongings without a court order. Only law enforcement officers are authorized to carry out the eviction and ensure the process is completed legally.

Bottomline

To summarize, the eviction process follows strict legal steps: issue the correct written notice, allow the required number of days for the tenant to respond, file a summary possession case if they do not comply, attend the court hearing, and obtain a writ of possession to have law enforcement carry out the removal.

Landlords must avoid self-help actions and must store any abandoned property for the legal holding period before disposal.

Hawaii Coastal Property Management can help landlords navigate the eviction process legally and efficiently. Our experienced property management team handles notices, filings, and communication with the court to help you stay compliant with Hawaii law.

If you need support managing tenant issues or filing an eviction, contact Hawaii Coastal Property Management today for professional guidance and complete property management assistance.

Looking to grow your legal knowledge as a landlord? Hawaii Coastal Property Management has your back.

Up next: A guide to Hawaii’s Landlord-Tenant Laws.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.