Cost of an Eviction in Hawaii

Cost of an Eviction in Hawaii

Last Updated: April 4, 2023 by Elizabeth Souza

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.

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.