Hawaii Eviction Process & Laws | Free HI Eviction Notices

A Hawaii eviction may be filed after a tenant has been unresponsive after sending them a notice for nonpayment, nuisance, noncompliance, or termination of a month to month tenancy. The landlord is entitled to file with the District Court a copy of the notice sent (along with proof it was served), Complaint for Summary Possession (Form 3DC08), and attach the filing fee. The tenant will then have to submit a Summons to Answer Complaint (Form 1FP064) within a certain amount of time to give their side of the story and the court hearing will be determined. Landlord should use the Court Instructions for the rest of the process.

NonPayment Laws - 5 days § 521-68

NonCompliance Laws - 10 days § 521-72

Month to Month Laws - Tenant to landlord is 28 days, landlord to tenant is 45 days § 521-71

Eviction Laws - Landlord-Tenant Handbook

Types of Notice

Hawaii 10 Day Notice to Quit | NonCompliance

The Hawaii ten (10) day notice to quit, in association with § 521-72, is used to notify a tenant that they are in violation of specific regulations of a lease agreement. The notice must be served to tenants before a landlord can begin the eviction lawsuit process. If the tenant does…

Hawaii 28/45 Day Notice to Quit | Month to Month Tenancy

The Hawaii 28/45 day notice to quit, pursuant to § 521-71, is only used in month-to-month tenancies. Under Hawaii law, landlords must give month-to-month tenants at least forty-five (45) days notice before terminating the lease agreement. Tenants are required to give the landlord a minimum of  twenty-eight (28) days notice before…

Hawaii 5 Day Notice to Quit | NonPayment of Rent

The Hawaii five (5) day notice to quit, in accordance with § 521-68, is used to notify tenants of their past due rent. Hawaiian law states that landlords must give tenants five (5) days to pay their rent before terminating the lease agreement and filing for an eviction (aka summary possession)…

Hawaii 5 Day Notice to Quit | Nuisance

The Hawaii five (5) day notice to quit, as described by § 666-3, may be used by a landlord to send notice of intended lease termination to a tenant that is being a nuisance (e.g. violating the lease agreement, bothering other tenants, etc.). The violations/behavior must be rectified within 24 hours,…

Process How to Evict a Tenant

Step 1 – The first step in evicting a tenant in Hawaii is to serve them a “notice to quit” (aka lease termination/eviction notice). The notice period ranges from five (5) to forty-five (45) days depending on the type of tenancy (month-to-month, at-will, long-term, etc.), as well as the reasoning behind the termination of the lease. If the tenant has failed to pay the rent, the landlord must issue a five (5) day notice to quit. In cases where the tenant has failed to comply with lease regulations (i.e. failure to maintain/negligence), the landlord must issue a ten (10) day notice demanding that the tenant correct the violations. Month-to-month tenancies require a forty-five (45) day notice period.

Note: If a tenant is causing excessive damage to the rental unit or causing harm to other renters, the landlord can terminate the lease/rental agreement without any notice to the tenant.

Step 2 – The notice should be delivered personally or through certified mail. If these options are not possible, the notice can be posted in a conspicuous location on the rental property. If the tenant fails to pay the rent or correct the problem(s), the landlord can terminate the lease agreement and file a Complaint for Summary Possession (i.e. eviction) at the local court. The clerk who files the Complaint will set a date for the trial, and issue a Summons to be served to the tenant.

Step 3 – The tenant must appear in court on the date that is on the Summons. If the tenant fails to appear in court, a default judgement will be entered against them. If the eviction goes to trial and a default is awarded to the landlord, a Writ of Possession will be ordered by the judge. The Writ will be served to the tenant by the Sheriff.

Note: The tenant can contest the Complaint, or enter a General Denial plea, both of which will elongate the trial process. If the tenant loses at trial, they may be required to pay for the landlord’s legal fees in addition to any owed rent amounts.