Squatters’ rights and adverse possession in Hawaii can often catch landlords off guard. For instance, a squatter might move into a vacant Hilo home and claim they have the right to stay. Months of property damage and neglect could occur before the rightful owner discovers them.
Luckily, landlords can easily protect themselves by being prepared. Keep reading to learn how Hawaii defines squatters, when adverse possession can occur, and the steps landlords must follow to remove a squatter.
What is a squatter?
A squatter occupies a property without the owner’s permission and without a valid lease agreement. Squatters never sign rental paperwork or pay rent, so they lack tenant protections, even if they claim the right to live on the property.
For example, pretend someone notices that a vacant Kailua home is empty, moves in furniture, and changes the locks. That person qualifies as a squatter under Hawaii law because they entered without permission, lack a lease, and occupy the property without the right to stay.
Key Differences Between Squatters and Trespassers
Landlords must understand the differences between squatting and trespassing because each situation requires different legal steps and timelines.
Squatters
- Enter and continue occupying a property without the owner’s consent, often staying for weeks or months
- Try to establish a right to stay or gain ownership of the property
- Require formal eviction procedures instead of immediate removal
Trespassers
- Enter a property without permission and typically leave quickly
- Do not attempt to establish claims to long-term residence or ownership
- Law enforcement can remove them on the spot
In short, squatters aim to stay long-term and assert certain rights, while trespassers intrude briefly and usually face immediate removal.
What are squatters’ rights?
Squatters’ rights in Hawaii refer to the limited legal protections that apply when someone occupies a property long-term without permission. These rights do not automatically grant ownership, but can delay the removal process.
For landlords, squatters’ rights in Hawaii can have serious consequences. Property owners must follow formal eviction procedures and act quickly if they discover any unauthorized occupants, as delays can strengthen a squatter’s position and make the eviction more difficult and costly.
Can a squatter actually claim legal rights to a property?
Although it may sound unfathomable, squatters can acquire legal title to property in Hawaii through a process known as adverse possession. However, proving adverse possession is challenging and rarely successful, so landlords can easily prevent these claims by monitoring vacant rentals and addressing unauthorized occupancy immediately.
Adverse Possession Laws in Hawaii
Adverse possession in Hawaii is the legal route a squatter may take to acquire ownership of a property by living there long-term. With that said, the squatter’s residence must meet strict conditions to qualify for a valid claim of adverse possession, including:
Actual: The squatter must physically use the property as an owner would, for example, by living there, maintaining the property, and treating it as their own home.
Open and notorious: The squatter must live on the property in a visible, obvious way and cannot attempt to conceal their residence. The owner should be able to reasonably notice someone on their property.
Hostile: The squatter must occupy the property without the owner’s permission. No lease, written agreement, or verbal consent can exist.
Exclusive: The squatter must live alone on the property and cannot share it with the owner or any other members of the public.
Uninterrupted: The squatter must occupy the property continuously for 20 years in Hawaii, without any absences or evictions.
Supporting law: Hawaii Revised Statutes § 657-31; § 657-31.5
Occupancy Time Requirements for Adverse Possession
Adverse possession in Hawaii requires a squatter to occupy a property continuously for at least 20 years. An abandonment, eviction, or absence will reset the timer and require a squatter to begin a new claim. Even short gaps in possession can stop an adverse possession claim.
For example, a squatter might occupy a vacant Kona property for 12 years, leave for several months, then return. That interruption prevents the squatter from successfully claiming adverse possession under Hawaii law.
Supporting law: Hawaii Revised Statutes § 657-31; § 657-31.5
Does a squatter need a color of title in Hawaii?
Color of title refers to a written document that appears to transfer ownership but contains a legal defect. Imagine someone receiving an invalid deed from a mistaken sale, believing it grants ownership.
Hawaii squatters do not need a color of title to claim adverse possession, nor does color of title shorten the required occupancy period. The courts only recognize claims based on actual, hostile, open, exclusive, and uninterrupted occupancy for 20 years, though a color of title could help support a squatter’s case for adverse possession.
Supporting law: Hawaii Revised Statutes § 657-31; § 657-31.5
Does the squatter have to pay property taxes for adverse possession in Hawaii?
Though many states require squatters to pay property taxes for an adverse possession claim, Hawaii is not one of them. Paying taxes doesn’t create ownership rights or replace any of the required elements for adverse possession.
Paying property taxes also does not shorten the adverse possession timeline in Hawaii, so squatters must still meet the full 20-year requirement. At most, property tax payment records may help support an adverse possession claim. Property owners should remain current on taxes to avoid ownership disputes, liens, or foreclosures.
Supporting law: Hawaii Revised Statutes § 657-31; § 657-31.5
How to Legally Remove Squatters from Your Property
Removing a squatter in Hawaii requires following strict legal steps. Landlords who discover an unauthorized occupancy on their property must take the following steps:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel it’s safe to do so, you can offer the squatter voluntary move-out options to avoid the eviction process. Consider suggesting a cash-for-keys agreement, setting a strict move-out date, or offering relocation assistance to encourage the occupant to leave quickly.
Important: Never attempt a self-help eviction, which is illegal nationwide. If you shut off the utilities, change the locks, or otherwise try to force out a squatter, you may face criminal charges, fines, and a dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Consider contacting local law enforcement and asking officers to visit your property. They can speak with the occupant and determine whether the person qualifies as a trespasser rather than a squatter; if so, they may be able to remove them immediately without court involvement.
Step 3: Serve the Squatter a 5-Day Notice to Quit
If law enforcement cannot remove the squatter, you must proceed with eviction as if the occupant were a tenant. The process starts by serving a 5-Day Notice to Quit, which formally terminates the unlawful occupancy and requires the squatter to leave before you begin eviction proceedings.
Step 4: File a Complaint for Summary Possession Against the Squatter
If the notice deadline passes and the squatter hasn’t left your property, you must file a Complaint for Summary Possession in the county of your rental property. This action officially begins the Hawaii eviction process and schedules a court hearing.
Step 5: Present Your Case in Front of a Judge
On your court date, bring clear evidence of your rightful ownership and the squatter’s unlawful presence on your property. You can strengthen your case with strong documentation, such as:
- Proof of ownership, such as a recorded deed or property tax records
- Photos or videos showing unauthorized occupancy
- Utility bills proving that the squatter opened accounts without consent
- Written notices or police reports documenting prior communication attempts
The squatter will also have an opportunity to present a defense, and could show color of title, property tax payment records, or proof of long-term occupancy. The judge will weigh both sides carefully, so solid evidence is crucial to securing a favorable outcome.
Step 6: Obtain a Writ of Possession Authorizing Removal of the Squatter
If the judge sides with you, you receive a Judgment for Summary Possession. You’ll then request a Writ of Possession, which allows the local sheriff or authorized law enforcement officer to remove the squatter and restore the premises to you.
After the court issues the writ, an authorized officer serves and executes it, and records proof of service in the court file. The squatter may still appeal or seek a stay of the decision before they’re removed, so keep proof of service and all other documents organized.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
A Writ of Possession grants law enforcement the authority to physically remove the squatter from your property. If the squatter leaves behind any personal belongings, you’ll first have to determine their value and either store or dispose of them in accordance with Hawaii law.
Secure your property immediately once the squatter has left. Change locks, repair any damaged entry points, and inspect the unit regularly to prevent repeat problems.
With possession restored, let’s take a look at a few proactive steps landlords can take to stop squatters before they ever move in.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from the start. Consistent oversight, quick action, and basic security measures dramatically reduce the risk of squatting.
Inspect the property regularly: Visit vacant rentals frequently to spot unauthorized entry or signs of occupancy before a trespasser attempts to establish long-term possession.
Install security cameras: Visible cameras deter squatters and provide documentation if someone enters unlawfully. You can show the footage to law enforcement or use it as evidence in an eviction case.
Act quickly against trespassers: Respond immediately if someone enters without permission. If you catch trespassers quickly, law enforcement can remove them before they can claim occupancy or require eviction proceedings.
Secure all entry points: Lock the doors and windows and board up any other vulnerable access points to eliminate easy opportunities for unauthorized entry.
Maintain the property: Well-kept properties signal active ownership. Routine maintenance, lighting, and landscaping reduce the appearance of abandonment, discouraging squatters.
Fill vacancies quickly: Advertise your rental property to limit downtime between paying renters. Doing so will reduce long vacancy periods that attract squatters.
Screen future tenants thoroughly: Verify identity, income, and rental history before approving applicants. Using reliable tenant screening helps ensure only qualified renters gain access to your property.
With prevention strategies in place, landlords can reduce risk and protect their investments. Now, let’s go over the final considerations for effectively managing squatter situations.
Digital Tools to Help Landlords Thwart Squatters
Landlords who act quickly, prepare for worst-case scenarios, and stay informed can easily navigate squatters’ rights and adverse possession in Hawaii.
Using reliable property management software, such as TurboTenant, helps landlords track vacancies, store records, and respond quickly, reducing the risk that squatters gain a foothold.
Create your free TurboTenant account today to simplify property management and strengthen your defenses against squatters.
FAQs: Squatters’ Rights & Adverse Possession Laws in Hawaii
How long does it take a squatter to claim property rights in Hawaii?
In Hawaii, a squatter must occupy a property continuously, openly, exclusively, and without permission for 20 years to pursue adverse possession. Paying property taxes or holding color of title does not shorten the required timeframe, and any interruption, removal, or abandonment resets the clock.
Can landlords remove squatters legally without taking legal action?
Landlords can remove an unauthorized occupant without legal action only if the person is a trespasser. While law enforcement can remove trespassers on the spot, once someone establishes long-term occupancy, landlords must follow eviction procedures to remove them and regain possession legally.
What’s the difference between a squatter and a holdover tenant?
A squatter never has permission to live on a property and lacks a lease. On the other hand, a holdover tenant originally lawfully rents a property but continues to occupy it after the lease ends. As a result, holdover tenants retain limited tenant rights, while squatters do not.
Can a landlord turn off power or change locks to remove a squatter?
No. Landlords cannot shut off utilities, change locks, or attempt to force a squatter to leave, as these actions constitute illegal self-help eviction methods. A self-help eviction could lead to fines, criminal charges, or even a dismissal of an otherwise valid eviction case.