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Eviction Law in Hawaii

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of Hawaii eviction law can help.

Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Hawaii tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.

The Hawaii Department of Commerce and Consumer Affairs states that there is no grace period for late rent payments in the state. The day after rent is due, a tenant who hasn’t paid can incur late penalties. However, the landlord still has to give the tenant notice in writing and provide 5 business days to allow the tenant to pay off the balance.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate this rule, you can begin the eviction notice process.

The lease agreement is also legally binding for the landlord. This means that any Hawaii landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.

The Tenant Damages the Property

Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.

If it’s clear that your tenant is doing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Hawaii property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.

How to Evict a Tenant in Hawaii

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for eviction before giving notice. A qualified Hawaii attorney can help review your case to determine if you do.

According to the Hawaii Landlord-Tenant Residential Code, a tenant can face eviction for failing to pay rent. However, violating the terms of the rental agreement, or causing serious damage to the rental unit are also grounds for eviction. For a landlord to evict a tenant in Hawaii, the landlord is required to terminate the tenancy by giving notice.

Step 2. Give a Formal Notice of Eviction

If your tenants continue to violate the terms of their lease despite your efforts to resolve the issue, the next step is to issue a formal eviction notice. This notice serves as a final warning, clearly outlining the violation and specifying what the tenant must do to prevent eviction.

The eviction notice should include a deadline for the tenant to address the issue, such as paying overdue rent, and the exact amount owed. If you’re unsure how to draft an eviction notice, consider using an online template or consulting an attorney for guidance.

In Hawaii, landlords can begin the eviction process as soon as rent is late. They must serve the tenant with a written notice detailing the cause of eviction. However, if a landlord does not have a legal reason to evict, they must wait until the lease agreement expires.

If the tenant leaves any property of value once they vacate the premises, the landlord must attempt to contact them and can charge a storage fee until the tenant claims the property. If the property goes unclaimed after notice is given, the landlord can legally sell the property. Furthermore, the Hawaii State Judiciary lists steps that tenants can take to avoid eviction.

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Landlord/tenant disputes in Hawaii have hearings in the District Courts of Hawaii.

Step 4. Contact an Experienced Hawaii  Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

  • Lease agreements
  • Records of payments
  • Bounced checks
  • Record of communication between you and the tenant
  • Record of the eviction notice
  • Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Hawaii law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Work with an Experienced Eviction Attorney in Hawaii

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Hawaii attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across Hawaii state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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