Outline of the Eviction Process in Hawaii

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Law: Haw. Rev. Stat. § 521-1 to § 521-82 (Residential Landlord-Tenant Code).

2. Notice to Quit

• Written Notice to Quit or Correct served:
  • Non-payment: 5-day notice to pay or vacate (business days).
  • Lease violation: 10-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 45-day notice to terminate.
  • No-fault/end of lease: 45-day notice (e.g., owner occupancy).
  • Illegal activity or holdover: Immediate or 5-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 5 business days) or fixing violation (within 10 days).

3. Filing the Eviction Case

• File Complaint for Summary Possession in District Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$135–$175 (varies by circuit).
• Timing: After notice period expires (e.g., 6th business day for 5-day notice).

4. Serving the Summons and Complaint

• Sheriff, police officer, or process server serves papers 4 days before return hearing.
• Methods: Personal delivery, left with resident (age 14+), or posted and mailed.
• Tenant must appear at return hearing or file answer within 4 days.

5. Court Hearing

• Return hearing held 7–14 days after filing; trial within 5–10 days if needed.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 5 days to Circuit Court (requires bond).
• Writ issued: ~5–10 days post-judgment; sheriff or police serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff or police removes tenant; landlord stores belongings (15 days).
• Tenant can reclaim property by paying storage costs.
• Law: Haw. Rev. Stat. § 521-63.

8. Tenant Protections

• Rights:
  • Cure violations (5 days for rent, 10 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
  • No self-help evictions (landlord penalties up to 2 months’ rent or 2 months’ free tenancy).
• Resources:
  • Legal Aid Society of Hawaii (808-536-4302), legalaidhawaii.org, courts.state.hi.us.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: Haw. Rev. Stat. § 521-1 to § 521-82; courts.state.hi.us; legalaidhawaii.org.