These vary from county to county—a Honolulu eviction may be different from a Kapolei eviction—but they still follow the same general process:
Once a landlord wins the case, they can ask for a court order called a Writ of Possession to order a tenant to move out of the property. A landlord cannot evict a tenant without one being issued to them.
This article details a summary for landlords to refer to when evicting a tenant. Alternatively, a landlord can also ask for legal advice from an attorney for more information on the eviction rules.
Get the quintessential guide to eviction laws on the go from DoorLoop’s “Landlord’s Guide” series.
Now, let’s dive in.
The first step all evictions must take is providing a notice called a Notice to Quit. There are only some states which do not require a Notice to Quit, and even then, it depends on the reason for eviction.
A landlord can evict a tenant for not paying rent on time. Rent in Hawaii is considered late a day past its due.
Before starting the eviction process, a landlord must give the tenant an official written 5-Day Notice to Quit. This gives the tenant five days to either pay rent or leave,
If a tenant wants to avoid getting evicted, they have to pay rent that is due. Tenants who can pay rent in full before the hearing cannot get evicted.
In this case, the eviction process is stopped. However, if a tenant cannot pay rent in full, the tenant must vacate the rental property.
Should they remain past the notice period of five days, the landlord can continue filing for eviction.
A lease agreement can vary from tenant to tenant. It contains the responsibilities of each party during the entire duration of the tenant’s stay.
A tenant may face eviction for violating the terms of the lease. Both tenant and landlord must uphold the lease agreement at all times.
If a tenant violates any terms from the lease agreement, the landlord must give a written notice called a 10-Day Notice to Comply. This notice informs the tenant that they have 10 days to either fix their violation or vacate the property.
Lease violations in a Hawaii eviction include:
However, in the case of property damage and violations pertaining to material health and safety, the landlord is not required to give the tenant time to fix the violation.
If a tenant has engaged in activity that could be considered a “common nuisance,” the landlord is required to give them a written 24 Hours’ Notice to fix the issue.
Should they fail to fix the issue within the given time, another notice must be given, called a 5-Day Notice to Quit. If they are still in the property by the end of the five days, the landlord may proceed with the eviction process.
However, if the illegal activity threatens or harms the other tenants, a landlord is not required to give the tenant time to fix the issue. Instead, they are to be given an unconditional Notice to Quit.
In cases where the actions of a tenant are not considered a “common nuisance” and do not threaten or harm the other tenants, a notice must be given called a 10-Day Notice to Comply.
If a rental unit is going to be demolished, tenants must move out of the rental unit. A landlord has to give month-to-month tenants at least 120 days’ notice before proceeding with evictions.
Conversion to a short-term rental means renting the property out on programs such as Airbnb. A month-to-month tenant must receive 120 days’ notice before the landlord can file for an eviction lawsuit.
In this case, tenants have no choice but to move out of the property. The landlord must give month-to-month tenants 120 days’ notice before filing for an eviction lawsuit.
A Hawaii eviction process does not allow a landlord to evict a tenant without good cause. However, if the tenant becomes a “holdover” tenant, the eviction process may begin after the notice period.
A holdover tenant is someone who overstays their lease term without applying for a renewal. This type of notice usually only applies if the landlord wants to end the tenant’s lease.
A landlord can start filing for eviction for tenants who remain on the rental property after the end of their notice period. Find here an example of a 10-Day Notice to Quit and a 45-Days’ Notice to Quit.
For your own Hawaii lease agreement, visit DoorLoop's Forms Page to download a template along with many other forms.
The next step to a state of Hawaii eviction process is filing a legal complaint in the correct district court. Successful evictions rely on the proper filing of a complaint.
Filing fees are $155 whether the eviction is happening in Honolulu or otherwise.
It takes about 5-120 days after the eviction notice was given to the tenant before filing a complaint.
| Type of Tenancy | Notice to Receive |
|---|---|
| Less than month-to-month | 10-Day Notice to Quit |
| Month-to-month | 45-Days’ Notice to Quit |
Before filing for an eviction with the court, you need to issue the tenant a notice to comply. You can either download the free PDF or Word template, or create your Hawaii eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice.
Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. The last thing you want is to go to court only to find out you did the first process incorrect.
The next step in an eviction process is serving the Summons and Complaint to the tenant. In most cases, the landlord cannot serve the documents by themselves.
Hawaii state allows individuals over the age of 18 who are uninvolved in the case, the local sheriff or police chief, or anyone else appointed by the court to serve the documents.
The date and time of the court trial must be found in the Summons.
The documents must be served through one of the following methods:
In the state of Hawaii, tenants need to file an answer with the court to appear at the court trial within 5-7 days after receiving the Summons. They must explain why they disagree with the landlord’s case against them.
Failure to do so may result in a default judgment in favor of the landlord.
There is no specific length of time for a tenant to receive the Summons and its corresponding documents. However, once they receive it, they have 5-7 days to file an answer so that they may appear in court.
If you want to learn more about Hawaii's landlord-tenant laws, make sure to visit DoorLoop's Complete Guide to Hawaii's Landlord-Tenant Laws for more information.
To win and accomplish this step, landlords must provide a strong argument backed up by solid evidence against their tenants. Should the tenants fail to show up to the hearing, the landlords may win by default.
There is still a small chance that a judge rules in favor of the tenant, even if the tenant cannot attend the eviction hearing.
On the date of the trial, the landlord has to support their claim with evidence and show it to the judge. This includes but is not limited by the following:
An eviction hearing for an eviction lawsuit is scheduled depending on the availability of the court. It may take a few days to a few weeks from the date the landlord filed the suit for a date to be scheduled.
The court will issue a Writ of Possession a few hours to a few days after the landlord wins the case. This court order informs the tenant that they have to get out of their housing on the property or else they will be forcibly removed.
The Writ of Possession is not given automatically. The landlord must request the court judge for it to be issued.
This final step in the eviction process is to move the tenant out of their housing. Hawaii laws do not dictate a specific amount of time before the tenant has to move out.
However, a date may be specified in the Writ of Possession. The date for moving out may differ between evictions depending on the reason for eviction or the circumstances surrounding it.
A law enforcement officer could visit the property once the grace period in the Writ of Possession ends. Should a tenant still be in their unit, they will be forcibly removed.
Only the sheriff or the appropriate authorities are allowed to evict the tenant by force. Even if the landlord wins the case, they cannot engage in illegal methods of eviction.
If any belongings are left behind, landlords are advised to contact the tenant and give them 15 days to claim them.
After 15 days from the date, the landlord contacted the tenant has passed, the tenant’s property can be sold or disposed of. Any money earned by the landlord through the tenant’s property may be used to pay off unpaid due rent or any other expenses for repairs.
Should there be any money left over, it must be held in a trust for the tenant for 30 days.
There is no specific length of time before a tenant has to vacate the rental property. The Writ of Possession could contain this information.
However, any money earned by the landlord from selling a tenant’s abandoned belongings has to be kept in a trust for the tenant for 30 days.
On average, it would take anywhere between 4 weeks to 8 weeks for a complete eviction process in Hawaii.
| Notice Received by Tenants | Average Timeline |
|---|---|
| Issuing an Official Notice | 24 hours-120 days |
| Issuing and Serving of Summons and Complaint | A few days to a few weeks |
| Tenant Files for Appearance | 5-7 days |
| Court Hearing and Judgment | A few days to a few weeks |
| Issuance of Writ of Possession | A few hours to a few days |
| Return of Rental Unit | A few days to a few weeks |
If the tenant disagrees with the eviction request and they reply to the court, it’s important that you keep extremely good records of everything so you can provide sufficient proof to win the case in court. This part can make or break your entire eviction request in the event of a dispute.
You can stay organized by:
If the tenant doesn’t pay rent, and they dispute that claim, it’s important that you show the judge the following:
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, it’s important to show proof from any of the following methods:
In almost every state in the US, a landlord must never try to force a tenant to move out of the rental unit. The tenant can only be removed from a rental unit after the landlord has successfully won an eviction lawsuit. Even then, the only person authorized to remove the tenant is a sheriff or constable. Just like in many other states, Hawaii has made it illegal for a landlord to forcefully evict a tenant from the property.
Examples of illegal “self-help” evictions include changing the locks, taking the tenant’s belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure. Some state laws also provide for tenant's court costs and attorneys' fees (if the tenant successfully sues the landlord) and/or give the tenant the right to stay in the rental unit.
According to Hawaii Civil Code, you may be liable for Tenant’s Court Costs & Attorneys’ Fees. The statute also grants the tenant the right to stay.
A tenant can sue you for actual damages plus violations. Tenants may ask for an injunction prohibiting any further violation during the court action.
