Hawaii landlords seeking to remove tenants need clear guidance on the Hawaii eviction process and laws, especially when a rental situation starts to strain. This guide will help property owners and tenants understand valid grounds for eviction, the steps required in court, and the timelines that shape each case. Further, we’ll dive into Hawaii landlord-tenant laws so you can navigate the eviction process with accurate, reliable information.
How Hawaii Law Defines Eviction
An eviction in Hawaii removes a tenant from a rental unit through a court-ordered summary possession action, and landlords must follow strict protocols from the first notice through the final Judgment for Possession to keep the case valid under state law.
Hawaii eviction laws appear in the Hawaii Residential Landlord-Tenant Code, HRS Chapter 521 and HRS Chapter 666, which outline required notices, filings, and court procedures.
Eviction With Just Cause
Just cause in Hawaii means a landlord relies on a legally recognized reason to end a tenancy through a summary possession action, such as nonpayment of rent, a material lease violation, or conduct that violates the Hawaii Residential Landlord-Tenant Code.
Hawaii landlords can only proceed with an eviction when they have a valid just cause. State law identifies several qualifying grounds, including unpaid rent, substantial damage, repeated violations of rental terms, illegal activity, or a tenant who remains after the lease ends.
These rules give both sides clear expectations. Landlords strengthen their case when they document each issue, keep copies of notices, and record dates, so the court sees a complete and accurate account of the just cause.
Applicable laws: HRS Chapter 521, HRS Chapter 666
No-Fault Evictions
Hawaii landlords can end a fixed-term tenancy without cause by simply letting the lease expire. State law does not require any landlord to renew a fixed-term lease, and the tenancy ends on the date written in the agreement unless both parties decide to sign a new one.
For tenants on Hawaii month-to-month lease agreements, Hawaii law allows no-fault termination upon proper written notice. Landlords must give at least 45 days’ notice, and that notice must clearly state the move-out date.
Applicable laws: HRS Chapter 521
Grounds for Eviction in Hawaii
Landlords in Hawaii may evict tenants for several legally recognized reasons, such as:
Non-Payment of Rent
Hawaii law treats rent as due on the date listed in the lease, and HRS 521-21 prevents any landlord from charging a late fee until the rent remains unpaid for 5 days. When a tenant misses the due date, the landlord can issue a 5-Day Notice to Pay or Vacate, giving the tenant 5 days to pay in full or leave the property.
Clear documentation of rent due dates, payments, and notices helps the landlord present a strong and accurate record if the case reaches court.
Applicable laws: HRS § 521-21, HRS § 521-68
Lease Violations
A lease agreement outlines the rules that guide the landlord-tenant relationship. When a tenant breaks those rules, landlords in Hawaii may gain grounds to begin an eviction case. Common examples of lease violations include:
- A tenant installs a window air conditioning unit in a Honolulu walk-up without written approval, straining an older electrical system.
- A tenant keeps three large dogs in a Waikiki studio even though the lease includes an explicit no-pets clause.
- A tenant operates a surfboard repair business out of a Kailua rental, creating steady customer traffic that violates the agreement.
Lease agreements protect both parties, so every party benefits from understanding the terms and avoiding any actions that breach them. Detailed documentation of each issue helps the landlord show a complete record if the matter reaches court.
Applicable laws: HRS § 521-51, HRS Chapter 521
Illegal Use of the Premises
Under Hawaii law, landlords can seek eviction when a tenant engages in illegal conduct within or on the rental property. Whether a tenant runs an unlicensed gambling operation in a condo, stores stolen mopeds in a carport, or hosts prohibited after-hours events in their rental, the landlord has clear grounds to file a summary possession case.
Detailed records of the conduct help the landlord show the court a complete and accurate account of the violation.
Applicable laws: HRS § 521-51, HRS § 521-72
Tenant Actions that Threaten Health or Safety
Hawaii law allows a landlord to pursue eviction if a tenant creates a health or safety risk that violates the Hawaii Residential Landlord-Tenant Code. These issues can stem from conduct that harms the property, endangers other residents, or disrupts the landlord’s ability to maintain safe living conditions.
A few examples of health and safety violations in Hawaii include:
- Blocking required exits in an apartment with furniture or storage bins.
- Allowing trash or food waste to build up in a rental, attracting insects or rodents.
- Storing flammable liquids in a garage without approval.
Landlords should document each concern, deliver written notice, and follow the proper procedures before starting a summary possession case. More details appear in the Hawaii warranty of habitability guide.
Applicable laws: HRS § 521-51, HRS Chapter 521
Destruction or Neglect of the Rental Unit
Hawaii law allows a landlord to pursue eviction when a tenant causes substantial damage to the rental unit or neglects the property in a way that violates the Hawaii Residential Landlord-Tenant Code. This damage may include broken fixtures, unauthorized alterations, or any harm beyond normal wear and tear.
Landlords should collect clear proof, including dated photos, inspection notes, repair estimates, and written communication with the tenant. Thorough documentation helps the landlord show the court when and how the damage occurred and supports the summary possession claim.
Applicable laws: HRS § 521-51
Tenant is in a Month-to-Month Rental Contract
Hawaii landlords do not need a reason to end a month-to-month rental agreement. When a landlord wants a tenant to leave, the landlord must give 45 days’ notice along with a 45-Day Notice to Vacate. If the tenant does not move out by the deadline, the landlord can file a summary possession case in court.
Applicable laws: HRS § 521-71
Step-by-Step Eviction Process in Hawaii
The Hawaii eviction process follows a defined legal sequence, and every landlord must complete each requirement in the proper order for the case to stand in court.
Here are the steps landlords must take, from start to finish:
1. Deliver Notice to the Tenant
Landlord begins by identifying the specific reason for eviction, such as nonpayment of rent, a material lease violation, or illegal conduct on the property. After confirming the cause, the landlord must serve the correct notice and, when permitted, give the tenant enough time to fix the problem before taking the next step.
The landlord must also understand which violations do not allow a cure, including certain illegal acts under Hawaii law, and follow Hawaii service rules when delivering the notice. Precise dates, written records, and proof of service help the landlord keep the case legally sound.
Notice Forms & Timelines
- 5-Day Notice to Pay or Vacate(Nonpayment of rent)
- 10-Day Notice to Remedy or Vacate(Curable material noncompliance)
- Immediate Notice to Vacate(Specific illegal activity)
- 45-Day Notice to Vacate(Ending a month-to-month tenancy)
Applicable laws: HRS § 521-68, HRS § 521-69
2. File an Eviction Lawsuit Against the Tenant
Once the notice period expires or the tenant fails to correct a curable violation, the landlord will prepare and file a Complaint for Summary Possession with the corresponding Hawaii district court. The landlord will attach the notice, the lease, and proof of service so the court receives a complete record.
After the landlord files the paperwork, they will pay the filing fee, which typically costs around $150 for a summary possession case in Hawaii. The landlord will then wait for the clerk to schedule a hearing date and time, and the tenant will receive a summons with the hearing details.
Applicable laws: HRS § 521-69, HRS § 666-1
3. Serve Court Summons Paperwork to the Tenant
Once the Hawaii court clerk sets the eviction hearing date, the landlord will arrange for a sheriff, deputy sheriff, police officer, or a person authorized by the court to serve the Summary Possession Summons and Complaint on the tenant. The server must complete a Proof of Service form and return it to the court to ensure the case proceeds without delay.
After service, the tenant will receive the summons and complaint and will prepare for the hearing. Hawaii summary possession cases do not require a written Answer, although the tenant may file one if the court allows it. Both landlord and tenant will appear in court on the scheduled date.
Applicable laws: HRS § 666-8, HRS § 634-12
4. Attend the Eviction Hearing
When the court date arrives, the landlord and the tenant (or their legal representation) will appear before a Hawaii district court judge. Each side will present its case. The landlord will bring the notice, the lease, proof of service, and any evidence supporting the claim, while the tenant can present documents, statements, or defenses to explain their position.
The judge will request any additional documents, witness statements, or other information needed to clarify the dispute. Both parties will answer questions and explain the details of the case as the judge reviews the evidence and testimony.
Applicable laws: HRS § 666-6
5. Court Reaches a Ruling
After the judge reviews all evidence, testimony, and arguments at the hearing, the judge will issue a ruling. In Hawaii, the judge usually delivers this decision on the same day, although a written order may take a few days to follow.
If the judge rules in favor of the tenant, the tenant will keep possession of the unit, and the landlord will need to restart the eviction process if removal remains necessary. If the judge rules in favor of the landlord, the court will enter a Judgment for Possession, and the landlord may request a Writ of Possession. The tenant will have the right to appeal the judgment, and the tenant must file the appeal within 10 days of the judgment entry to preserve that right.
Applicable laws: HRS § 666-11
6. Judge Issues a Writ of Possession
If the judge rules in favor of the landlord, the court will issue a Writ of Possession, which authorizes law enforcement to return the unit to the landlord. The writ will give the tenant one final deadline to vacate before enforcement begins.
The writ directs a sheriff, deputy sheriff, police officer, or another authorized party to remove the tenant and anyone living with them. After receiving the writ, the landlord will move forward with enforcement only after the tenant has had this final opportunity to leave voluntarily.
Applicable laws: HRS § 666-11
7. Law Enforcement Executes the Writ of Possession
If the deadline passes and the tenant still has not vacated the rental property, the landlord will request that law enforcement execute the Writ of Possession. A sheriff, deputy sheriff, police officer, or another authorized party (and not the landlord) will carry out the physical removal of the tenant and any occupants of the unit. This step formally returns possession of the property to the landlord.
After law enforcement completes the removal, the landlord will address any belongings left behind. Hawaii law does not provide a specific procedure for handling a tenant’s personal property after an eviction under a Writ of Possession, so the landlord may handle those items as they see fit. Even so, careful documentation of the unit and any remaining belongings will help protect the landlord if questions arise later.
Applicable laws: HRS § 666-11
Tenant Defense Against Eviction in Hawaii
An eviction can disrupt many parts of a tenant’s life, from daily routines to long-term housing plans, and the process carries real consequences. Even so, tenants will still have the opportunity to explain their situation, present evidence, and correct any mistakes in the landlord’s claim.
Tenants can reduce the risk of eviction by maintaining clear payment records, reporting repair concerns promptly, and responding promptly when they receive written notices. Simple steps, such as saving communication threads or requesting written confirmation of agreements, often prevent minor issues from escalating into larger disputes.
When the process becomes too difficult to manage on their own, tenants should seek legal help. Hawaii residents can contact the Legal Aid Society of Hawaii, which offers free or low-cost support to tenants facing eviction.
Timelines to Expect
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 the Hawaii Eviction Process
Typical 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 Filing (Optional) | $65 |
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