Evicting a tenant in Hawaii can take around 1-4 months, depending on the reason for the eviction and whether tenants file an answer and attend the hearing.
Grounds for an Eviction in Hawaii
In Hawaii, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 5 Days | Yes |
| End of Lease or No Lease | 45 Days | No |
| Lease Violations | 10 Days | Yes |
| Illegal Activity | Immediate | No |
Nonpayment of Rent
In Hawaii, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 5-days’ notice to quit, which gives the tenant the option to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Hawaii the day immediately after its due date. Hawaii landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on January 1st, it will be considered late starting on January 2nd, unless the lease specifically states there is a grace period.
End of Lease or No Lease
In Hawaii, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). The landlord must first terminate the tenancy by giving the tenant proper 45-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Hawaii, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Hawaii landlord-tenant law. To do so, the landlord must first serve the tenant a 10 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Failing to maintain the rental unit in a clean and sanitary manner
- Refusing to allow the landlord access to the rental unit
- Using fixtures or appliances in an unreasonable or unsafe manner
- Causing minor property damage (i.e. small holes in sheetrock or missing blinds)
- Disturbing the peace and enjoyment of others
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In Hawaii, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must first serve the tenant an immediate notice to vacate. The tenant does not have the option to fix the issue and must move out.
In Hawaii, illegal activity includes:
- Threatening to cause or causing irremediable damage to another person or the premises
- Possessing drugs or illicit substances
- Committing substantial property damage through willful negligence
If the tenant does not move out immediately, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Hawaii
In Hawaii, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant damages sustained, the cost of suit and reasonable attorney’s fees.
“Self-Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about unsafe or illegal living conditions to the landlord, government authority, office of consumer protection, or the department of health
- Tenant has in good faith requested repairs to be made
- Pursuing legal action against the landlord
- Joining, supporting or organizing a tenant union or organization
All evictions follow the same process in Hawaii:
- Landlord serves tenant written notice of violations
- Landlord files complaint with the court for uncured violations
- Court serves tenant with summons and complaint
- Court holds hearing and issues judgement
- Writ of possession is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Hawaii by serving the tenant with written notice. Hawaii landlords may deliver an eviction notice by any method which results in the notice being actually delivered to the tenant. The law specifically endorses these methods:
- Hand delivery to the tenant
- Delivery to the tenant’s address of record
Eviction for failure to maintain the dwelling, and for nonpayment of rent, may (if the tenant can’t be served personally) also be served by posting the notice to a conspicuous place at the premises.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
5-Day Notice To Quit
In Hawaii, if a tenant is late on paying rent (full or partial), the landlord can serve them a 5-Day Notice To Quit. This eviction notice gives the tenant 5 days (not counting weekends or legal holidays), to pay the balance due or vacate the premises.
45-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Hawaii, the landlord can serve them a 45-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 45 days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 45 Days |
10-Day Notice To Comply or Vacate
In Hawaii, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 10-Day Notice To Comply or Vacate. This eviction notice gives the tenant 10 days to fix the issue or move out.
Immediate Notice To Vacate
In Hawaii, if a tenant commits an illegal activity on the premises, the landlord can serve them an Immediate Notice To Vacate.
On the same day the notice is served, the landlord can file a summary proceeding for possession at the courthouse to begin the eviction process, but this is not required by law.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Hawaii landlords must file a complaint in the appropriate court. In the state of Hawaii, the filing fee is $155.
The summons and complaint may be served on the tenant by the sheriff, the police chief, a party specifically appointed by the court to serve process, or by anyone over the age of 18 who isn’t part of the case through any one of the following methods:
- Giving a copy to the tenant in person
- Leaving a copy with someone who resides at the rental unit
- Posting a copy in a conspicuous place on the rental unit
Note that Hawaii landlords aren’t required to mail an additional copy of the summons and complaint if it’s posted on the rental unit.
Step 3: Court Serves Tenant with Summons and Complaint
Tenants in Hawaii are required to file an answer with the court 5 to 7 daysafter the date the summons was issued in order to appear at the hearing and state why they don’t feel they should be evicted.
If tenants fail to file an answer with the court, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant would have to move out and the eviction process will continue.
Step 4: Court Holds Hearing and Issues Judgment
Hawaii state law doesn’t address how quickly the eviction hearing must be held after the complaint is filed or the tenant’s answer is received.
However, tenants who fail to appear for the eviction hearing will not be allowed to remain in the rental unit. The judicial officer will issue a default judgment in favor of the landlord and the eviction process will continue.
If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of possession will be issued, and the eviction process will proceed.
Step 5: Writ of Possession Is Issued
The writ of possession is the tenant’s final notice to leave the rental unit and gives the tenant the opportunity to remove their belongings before the sheriff, deputy sheriff, police officer, or other person authorized by the rules of the court comes to the premises and forcibly removes them.
If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of possession. Hawaii state law doesn’t specify how quickly the writ must be issued; however, once the writ is issued the rental agreement is deemed annulled and cancelled.
If the tenant remains in the rental unit after the writ is issued, possession of the rental unit will be forcibly returned to the landlord.
Step 6: Possession of Property is Returned
Hawaii state law doesn’t specify how long officers have to enforce the writ of possession once it has been received from the court.
If the tenant remains on the property after any grace period in the writ expires (if there is one), they will be forcibly removed from the rental unit.
Hawaii Eviction Process Timeline
In Hawaii, an eviction can be completed in 1 to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Hawaii eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 1-120 Calendar Days |
| Court Issuing Summons | 3-21 Business Days |
| Court Serving Summons | 3-21 Business Days |
| Tenant Response Period | 5-7 Business Days |
| Court Ruling | 3-21 Business Days |
| Court Serving Writ of Possession | 1-3 Business Days |
| Final Notice Period | 1-3 Business Days |
Flowchart of Hawaii Eviction Process
Hawaii Eviction Court Fees
The average cost of an eviction in Hawaii for all filing, court, and service fees is $125. However, the cost can vary heavily based on service fees. Eviction lawsuits are filed in District Court.
| Fee | District |
| Initial Court Filing | $35 |
| Summons Service | ~$40 |
| Writ of Possession Service | ~$40 |
| Writ of Possession Execution | $50+ |
| Notice of Appeal Filing (Optional) | $285 |
| Counterclaim Filling (Optional) | $65 |
Sources
- 1 HI Rev Stat §521-68 (2019)
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(a) …notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than five business days after receipt thereof, the rental agreement will be terminated. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit…
- 2 HI Rev Stat §521-71 (2019)
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(a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination…(d) When the tenancy is less than month-to-month, the landlord or the tenant may terminate the rental agreement by notifying the other at least ten days before the anticipated termination.
- 3 HI Rev Stat §521-69 (2019)
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(a) If the tenant is in material noncompliance with section 521-51, the landlord…after notifying the tenant in writing of the noncompliance and allowing a specified time not less than ten days after receipt of the notice, for the tenant to remedy the noncompliance: (1) May terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding…
- 4 HI Rev Stat §521-71 (2019)
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(c) Before a landlord terminates a month-to-month tenancy where the landlord contemplates voluntary demolition of the dwelling units, conversion to a condominium property regime under chapter 514B, or changing the use of the building to transient vacation rentals, the landlord shall provide notice to the tenant at least one hundred twenty days in advance of the anticipated demolition or anticipated termination.
- 5 HI Rev Stat §666-3 (2019)
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(b) A written notice…warning the tenant to abate…the common nuisance within twenty-four hours from the time the notice is delivered. If the common nuisance…remains unabated after twenty-four hours…the landlord may terminate the tenancy by a written notice to vacate the premises within five days from the date the second notice is delivered to the tenant.
- 6 HI Rev Stat §521-72 (2019)
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(a)…The notice shall specify the time, not less than ten days, within which the tenant is required to remedy the breach…No allowance of time to remedy the breach of any rule authorized under section 521-52 shall be required when the breach by the tenant causes or threatens to cause damage to any person or constitutes a violation of section 521-51(1) or (6).
- 7 HI Rev Stat §521-69 (2019)
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(a)…No allowance of time to remedy noncompliance shall be required when noncompliance by the tenant causes or threatens to cause irremediable damage to any person or property. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.
- 8 HI Rev Stat § 521-74 (2021)
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(c) Any tenant from whom possession has been recovered or who has been otherwise involuntarily dispossessed, in violation of this section, is entitled to recover the damages sustained by the tenant and the cost of suit, including reasonable attorney’s fees.
- 9 HI Rev Stat § 521-74 (2021)
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(1) The tenant has complained in good faith to the department of health, landlord, building department, office of consumer protection, or any other governmental agency concerned with landlord-tenant disputes of conditions in or affecting the tenant’s dwelling unit which constitutes a violation of a health law or regulation or of any provision of this chapter; or
(2) The department of health or other governmental agency has filed a notice or complaint of a violation of a health law or regulation or any provision of this chapter; or
(3) The tenant has in good faith requested repairs under section 521-63 or 521-64….
- 10 HI District Court Rules of Civil Procedure, Rule 4 (2019)
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(c) Service of all process shall be made anywhere in the State by the sheriff or the sheriff’s deputy or by the chief of police or the chief’s duly authorized subordinate or by some other person specially appointed by the court for that purpose, or by any person who is not a party and is not less than 18 years of age.
- 11 HI District Court Rules of Civil Procedure, Rule 4 (2019)
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(d) (1)(i) by delivering a copy of the summons and of the complaint to that individual personally or in case the individual cannot be found by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein…
- 12 HI District Court Rules of Civil Procedure, Rule 12 (2019)
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(a) In summary possession proceedings under chapter 666 of the Hawai‘i Revised Statutes, all defendants shall appear on or answer…no less than five days following the date of service if made in the circuit in which the action was commenced, and shall be the next court session not less than seven days following the date of service if made in another circuit…
- 13 Haw. Rev. Stat. § 521-9(c)
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Source Link
A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:
(1) It comes to the person’s attention; or (2) It is delivered at the place of business through which the rental agreement was made or at any place held out as the place for receipt of such communications. - 14 Haw. Rev. Stat. § 521-69(a)
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Source Link
If the tenant is in material noncompliance with section 521-51 [duty to maintain dwelling unit]… [and] If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.
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See also Haw. Rev. Stat. § 521-68 (“If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.”) for nonpayment of rent.
