Eviction Law in Hawaii
Strict laws govern every step of the eviction process in Hawaii. One wrong move could delay the case or even cause it to be dismissed.
Read our guide below to get clear on your rights as a Hawaii landlord or tenant and take the next step toward resolving your dispute today.
What Is an Eviction?
An eviction is the legal process of removing a tenant from a rental property after they’ve broken the terms of the lease or failed to pay rent. In Hawaii, this process can be more challenging than it seems. The law provides strong protections for tenants, which means landlords must follow every rule precisely to avoid costly delays or legal setbacks.
Still, not every eviction notice results in a full removal. In many cases, the notice itself serves as a final push for tenants to resolve the issue by catching up on rent or correcting their behavior.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a tenant regularly fails to pay rent on time—or stops paying altogether—it’s one of the most straightforward grounds for eviction. Occasional delays might be tolerable in some states due to grace period laws, but habitual lateness is another story.
In Hawaii, landlords don’t have to accept repeated excuses. When late payments become a pattern, it’s appropriate to begin the eviction process.
According to the Hawaii Department of Commerce and Consumer Affairs, there is no mandatory grace period for rent payments. That means the landlord can impose late fees starting the day after rent is due. However, before pursuing eviction, Hawaii law requires that the landlord deliver a written notice and give the tenant five business days to bring the rent current.
To protect yourself, always document each instance of late payment. Send written notices and save copies for your records. These documents can serve as key evidence in court, showing a consistent pattern of nonpayment and your efforts to resolve the issue fairly.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease agreement is more than just paperwork—it’s a binding legal contract. If your tenant breaks any of the terms outlined in that agreement, you may have grounds to evict. For example, if the lease clearly limits how many people can live in the unit, and your tenant moves in additional occupants without permission, you can start the eviction process based on that violation.
That same agreement also binds the landlord to specific obligations. As a Hawaii landlord, you’re required to honor your responsibilities, including making repairs and maintaining the premises as agreed.
The Tenant Damages the Property
Normal wear and tear is a part of renting. Scuffed walls and worn carpet are expected over time. But there’s a clear line between everyday use and destructive behavior. If your tenant is breaking windows, putting holes in walls, or otherwise causing significant property damage, that could be valid cause for eviction.
On the other hand, if your tenant is simply handling small repairs on their own and not making unauthorized alterations, that usually isn’t enough to evict. It’s the willful or reckless destruction of your property that opens the door to legal action.
The Tenant Uses the Property for Illegal Purposes
If a tenant is using your Hawaii rental for illegal activity—like dealing drugs or storing unlicensed weapons—that’s a serious violation and typically grounds for immediate eviction. In some cases, notifying the authorities can also lead to criminal charges.
Before taking action, make sure you have documentation. Police reports, neighbor complaints, or evidence from law enforcement can help support your case. Without proof, it’s much harder to convince a judge that eviction is justified based on illegal use of the property.
How to Evict a Tenant in Hawaii
Step 1. Check Your Local Laws
Eviction laws are not one-size-fits-all—they vary not only by state, but sometimes even from one city to the next. That’s why it’s essential to understand how eviction works under Hawaii law before taking action. Acting too quickly or without proper cause can delay the process and potentially expose you to legal liability.
Under the Hawaii Landlord-Tenant Residential Code, eviction may be pursued for more than just unpaid rent. Lease violations, like breaking rules outlined in the rental agreement, or causing substantial damage to the property, also justify legal action. However, landlords must first serve the tenant with a formal notice to terminate the tenancy.
Step 2. Give a Formal Notice of Eviction
If your tenant continues to break the lease despite multiple chances to resolve the issue, it’s time to move forward with a formal eviction notice. This written notice acts as a final warning, stating the exact violation and offering the tenant one last opportunity to fix the problem—whether it’s unpaid rent, unauthorized occupants, or another breach of the lease.
The notice should be clear and specific. Include the total amount of rent owed (if applicable), the deadline to pay or vacate, and the consequences of failing to comply. If you’re unsure how to draft this notice, many Hawaii landlords use attorney-reviewed templates or seek legal guidance to make sure the document meets state requirements.
In Hawaii, you’re allowed to begin the eviction process as soon as rent is past due. To comply with the law, you must serve the tenant with written notice that explains the reason for eviction. If you don’t have a legally valid reason, you’ll need to wait until the lease ends before you can ask the tenant to leave.
Once the tenant vacates, you may discover they’ve left personal belongings behind. Under Hawaii law, you’re required to make a reasonable effort to notify the tenant and may charge storage fees until the property is retrieved. If the tenant doesn’t respond after notice, you may sell or dispose of the items.
The Hawaii State Judiciary also outlines specific steps tenants can take to delay or contest an eviction.
Step 3. File the Eviction with the Court
Once you’ve served the proper notice and the tenant hasn’t resolved the issue, the next step is filing the eviction case in court. In Hawaii, these matters are handled by the District Courts. The court will review your complaint, issue a summons to the tenant, and schedule a hearing.
Make sure you file promptly—delays could give the tenant more time to stay on the property without consequence.
Step 4. Contact an Experienced Hawaii Eviction Attorney and Prepare for the Hearing
Having an experienced Hawaii eviction attorney by your side can help you feel more confident when your court date arrives. Your attorney can help organize the necessary documents and guide you through the process. When you appear at the hearing, bring all relevant records, including:
- A signed lease agreement
- Rent payment records and bank statements
- Copies of any bounced or returned checks
- All written communication between you and the tenant
- A copy of the eviction notice served
- Proof the tenant received the notice (such as certified mail receipt or process server documentation)
Step 5. Evict the Tenant
If the court rules in your favor, the judge will issue a writ of possession—giving your tenant a short window to vacate. In Hawaii, this timeframe is typically just a few days.
If the tenant still refuses to leave after the deadline passes, you can request assistance from local law enforcement. Once the sheriff serves the writ, they have the authority to physically remove the tenant from your property.
Step 6. Collect Past-Due Rent Payments
Winning possession of your rental unit doesn’t automatically guarantee you’ll recover unpaid rent. If the tenant still owes money, you’ll need to pursue additional remedies. Fortunately, Hawaii landlords have a few legal options to help recoup losses:
- Hire a licensed debt collection agency
- Request wage garnishment through a court order
- Garnish the tenant’s state or federal tax refund
- File a small claims lawsuit for the amount owed
Work with an Experienced Eviction Attorney in Hawaii
Tenants in Hawaii may attempt to challenge your case by claiming procedural mistakes—especially around notice requirements or response timeframes. That’s why having a knowledgeable Hawaii eviction attorney on your side can make all the difference.
With experienced legal support, you can navigate Hawaii’s landlord-tenant laws with confidence. If you’re not sure where to start, we can help you connect with a trusted attorney licensed in Hawaii or across 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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