When you are done reading about the Hawaii Eviction Process below, we recommend you purchase the corresponding Hawaii Eviction Notice to be delivered to your Tenant.
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Hawaii Eviction Laws
In the state of Hawaii, the laws appear to be slanted in favor of the Landlord in respect to eviction. For example, if faced with eviction proceedings, a tenant must appear in court and prove rent has been paid timely. For this reason, many Landlords opt to save on legal fees and handle evictions Pro Se (acting as their own attorney). Like most other states, Hawaii’s most common reason cited in an eviction action is non-payment of rent. As landlord if your reason for pursuing eviction of your tenant(s) is non-payment of rent you can demand payment in full five (5) days after rent is past due. Yet, if payment is not the problem some of the other reasons you can evict a tenant are as follows:
- The tenant is a nuisance, using the dwelling illegally, or otherwise violating rental agreement.
- The landlord wishes to occupy the dwelling for immediate use as the landlord’s own residence or that of the landlord’s immediate family.
- The landlord wishes to substantially alter, remodel, or demolish the premises.
- The landlord has contracted to sell the property, or to use it as the purchaser’s own home.
- The tenant Has filed a complaint to the Department of Health and it was determined there was no violation of the health laws.
Note: exception in paragraph B, where the landlord or the landlord’s family will occupy the premises, is applicable only to retaliatory evictions. It can never serve as a basis for terminating a fixed term rental agreement prior to the expiration of the term. However, a rental agreement can be terminated for non-payment of rent.
Special Circumstances in Hawaii Eviction
Landlords can also demand a somewhat retaliatory rent increase (a situation often leading to a default of rental payments on the part of tenant) when:
- The landlord has a substantial increase in taxes or operating costs, not caused by complying with the tenant’s complaint, and not less than four months before the demand for the increased rent if there is a rent increase dispute.
- The landlord has completed a capital improvement of the dwelling.
- The tenant’s complaint concerns a defect caused by the tenant.
- The landlord can show that the rent demand does not exceed the rent charged to tenants of similar dwelling units in the landlord’s building.
Landlord Remedies in Hawaii
Failure to Pay Rent – Section 68(a)(b). The landlord may demand payment of rent anytime after it is due. The landlord may notify the tenant in writing that unless payment is made within five business days, the rental agreement will be terminated. If the tenant does not pay the past-due rent in full after receiving the landlord’s notice, the landlord may sue to evict the tenant. (It is suggested that the landlord provide notice to the tenant by certified mail or by hand delivery. If this is not possible, the law allows the landlord to post a notice in a conspicuous place on the dwelling unit.)
Once a landlord has served notice and observed the following time lines:
Landlords can take action by filing a civil suit asking the court to grant “Summary possession” of the real property. To begin this action, go to Hawaii District Court closest to your property and file your paperwork. The two parties will be offered an opportunity to settle their dispute thru mediation. If no settlement is reached, both parties must appear in court and a judge will decide the dispute. Once granted summary possession, the landlord must take the notice of eviction to the closest process server for delivery to the tenant. The tenant then has a certain number of days to remove all possessions from the property.
Note: Many times the Hawaii court will arrange payments of back rent which extends occupancy time of the tenant to up to six months. It is highly suggested that a Landlord follow up a demand for rent and providing notice of termination of the existing rental agreement prior to seeking possession.
Hawaii Eviction Summary
In short, In the state of Hawaii so long as the Landlord has sufficient cause for eviction you can save attorney fees by simply:
- Purchasing our eviction notice letter and form.
- Provide adequate notice by posting or certified mail.
- Filing for summary possession acting Pro Se with Hawaii District Court.
- Participate in Mediation.
- Reach a settlement via mediation or appear before the judge on day of hearing.
- If summary possession is granted, file papers with police for service.
- Change the locks on your property after tenant has vacated.
Next Step: We recommend you purchase the corresponding Hawaii Eviction Notice to be delivered to your Tenant.
This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges’ rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.