By Type
Pay or Quit – Notifies the tenant that rent is unpaid. It explains the next steps if payment is not made.
Cure or Quit – Used for fixable lease violations. The tenant is given time to bring things back into compliance.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month agreement with advance notice. No cause is required.
Notice to Quit for Illegal Activity – Issued for serious unlawful conduct. Eviction may proceed without a cure option.
Eviction Laws
- Rent Grace Period: As agreed upon by both parties in the lease.[1]
- Non-Payment of Rent: 5 days.[2]
- Non-Compliance: 10 days.[3]
- Termination (Month-to-Month Lease): 45 days.[4]
- Eviction Lawsuit Type: Remedies and Penalties (summary possession proceedings).[5]
- Utility Shutoff – A landlord may not interrupt or terminate a tenant’s utility services. If this occurs, the landlord is liable for three times the monthly rent or $1,000, whichever is greater.[6]
- Changing the Locks – Locking a tenant out due to unpaid rent is illegal. Penalties include two times the monthly rent or free occupancy for two months, whichever is greater.[7]
How to Evict a Tenant in Hawaii (Step-by-Step)
Step 1: Provide Written Notice
Before going to court, the landlord must deliver a written notice to the tenant.
Step 2: File Complaint and Summons
If the tenant does not comply, the landlord may file a Complaint and Summons with the District Court in the county where the property is located. Copies of the lease and the notice must be attached.
- Filing fee: $155.00.[8]
Each district provides its own versions of these forms through Hawaii’s landlord-tenant resources.
Step 3: Serve the Tenant
The filed Summons and Complaint must be served by a licensed Hawaii process server. The tenant generally has five days after service, or another court-specified deadline, to file a written response.
Step 4: Obtain a Writ of Possession
If the tenant fails to respond or the court rules in the landlord’s favor, the judge will issue a Writ of Possession. The landlord may then coordinate with the sheriff to remove the tenant and restore possession of the property.
Court Forms & Resources
- Complaint (Sample – Honolulu Division) – Filed by the landlord to formally start the eviction case. This document explains the reason for eviction and is served on the tenant.
- Summons (Sample – Honolulu Division) – Notifies the tenant of the lawsuit, response deadline, and hearing details.
- Writ of Possession – Issued after a landlord wins the case, authorizing law enforcement to remove the tenant and their belongings from the property.