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 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Hawaii, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Summary Possession”) with the court the following business day.
The filing fee for an initial Summary Possession is $155. Note, the initial court fee is applicable to all counties in Hawaii.
2. Summons Service Fee
Once a Complaint is filed in Hawaii, the court will issue a Summons.[ttip number=’1′ icon=’popover-balance’] The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when/where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee can vary by process server. For example, a sheriff may charge $43[ttip number=’2′ icon=’popover-balance’] for delivering a Summons.
3. Writ of Possession Service Fee
If the court rules in favor of the landlord, the court shall issue a Writ of Possession in Hawaii. The writ is the tenant’s final notice to vacate the premises.
A sheriff, deputy sheriff, police officer or an independent civil process server shall serve the Writ of Possession to the tenant. Service fees may vary by process server, for example, a sheriff may charge $40[ttip number=’3′ icon=’popover-balance’] to deliver the writ.
4. Writ of Possession Execution Fee
In Hawaii, a sheriff, deputy sheriff, police officer or independent civil process server performing the Writ of Possession execution may charge no less than $50 per hour.[ttip number=’4′ icon=’popover-balance’]
5. Notice of Appeal Fee
If either party chooses to file an Appeal in Hawaii, they may do so as long as the Notice of Appeal is filed within 10 calendar days after judgment is entered. The filing fee is $285.
6. Counterclaim Fee
If a tenant in Hawaii wants to submit a Counterclaim to the court, it must be submitted prior to the return date. A Counterclaim can be submitted into court if the tenant believes that the landlord owes them money due to the landlord’s breach of the lease agreement.
The filing fee to submit a Counterclaim is $65.
Sources
- 1 Haw. R. Civ. P. 4 (2021)
-
Upon the filing of the complaint the clerk shall forthwith issue a summons. Plaintiff shall deliver the complaint and summons for service to a person authorized to serve process. Upon request of the plaintiff separate or additional summons shall issue against any defendants.
- 2 HI Rev Stat § 607-8 (2021)
-
For serving civil summons, subpoena, subpoena duces tecum, or any other civil process, except a subpoena or a1 garnishee summons, for each person served therewith………………..$43 effective July 1, 2015.
- 3 HI Rev Stat § 607-8 (2021)
-
For serving writ of possession or restitution, putting any person entitled into the possession of premises, and removing a tenant pursuant to order of court………….$40.
- 4 HI Rev Stat § 607-8 (2021)
-
The fees for service of executions, attachments, and collection of judgments, together with all costs incurred after judgment rendered, not included in the judgment, in all courts of the State, shall be collected in addition to the sum directed to be levied and collected in the writ.
In lieu of any fee under this subsection, the fee may be an hourly rate of no less than $50 per hour agreed upon in advance between the party requesting the service and the sheriff, deputy sheriff, police officer, or independent civil process server performing the service.