Navigating the eviction process in Hawaii can be stressful for landlords, especially with strict state laws and tenant protections. This article breaks down the key steps you need to follow to stay compliant and avoid common pitfalls. With LeaseRunner’s ultimate guide, you can manage the eviction notices, documentation, and legal procedures more confidently, saving time and reducing costly errors.
New Eviction Laws in Hawaii
Hawaii’s housing market has faced major challenges in recent years, especially after the 2023 Lahaina wildfires. To balance landlord rights with tenant protections, lawmakers have updated several rules that reshape the eviction process in Hawaii. Below are the most important legal changes and pending proposals for 2025.
Act 202 & The End of Maui Eviction Moratorium
Act 202, passed in 2024 and effective February 5, 2025, requires landlords in Maui County to go through a free mediation process before filing eviction cases related to unpaid rent after the wildfire moratorium. Landlords must notify tenants of this option and attend sessions led by groups like Maui Mediation Services.
Mediation must happen within 30 days of notice and can result in solutions like payment plans or rental aid. If landlords skip this step, courts may delay or dismiss their eviction filings. While the law only applies to Maui properties covered by the moratorium, it creates a stronger model for tenant protections across Hawaii.
The wildfire eviction moratorium itself officially ended on February 4, 2025. For over a year, it blocked evictions tied to wildfire-related nonpayment, protecting more than 10,000 households. Its conclusion reopened the door for landlords to recover past-due rent, but only if they first comply with Act 202’s mediation rule.
Pending Legislative Proposals for 2025
Hawaii lawmakers are still debating several new proposals that could reshape the rental housing and eviction process in Hawaii in the near future.
House Bill 466 (HB466), introduced in January 2025, would add “just cause” standards for eviction. That means landlords could no longer remove tenants without a valid legal reason, such as nonpayment, serious lease violations, or selling the property. The bill aims to prevent arbitrary evictions and give stability to Hawaii’s nearly 40% renter households. While HB466 stalled in committee earlier this year, it may resurface in future sessions.
On Maui, County Bill 9 (2025) proposes phasing out transient vacation rentals (TVRs) in apartment-zoned areas over five years. The goal is to free up more long-term rental housing for residents, easing pressure on local families struggling with rising rents after the wildfires. If passed, the bill would directly impact about half of Maui’s vacation rentals, though it faces opposition from property owners and the tourism industry.
Quick Overview of Hawaii’s Recent Housing Policy Changes
These updates show how state and county measures are reshaping tenant protections and landlord rights. They also highlight how the eviction process in Hawaii is becoming more structured with mandatory mediation and stricter notice rules. For a complete overview of landlord-tenant obligations, see the Hawaii landlord-tenant laws guide.
Legal Grounds for Eviction in Hawaii
Before starting the eviction process in Hawaii, landlords must issue a legal notice—often called a Notice to Quit. The specific type of notice depends on the reason for eviction, and Hawaii law outlines several valid grounds where landlords may legally remove a tenant.
Failure to Pay Rent
Rent in Hawaii is considered late the day after it is due. If a tenant does not pay on time, the landlord must first deliver a 5-Day Notice to Quit. For more details on rent laws, see Hawaii rent laws explained.
- If rent is paid before the court hearing, the eviction is dismissed.
- If payment is not made, the landlord can continue filing for eviction.
Lease or Rental Agreement Violations
Every lease agreement in Hawaii spells out the rights and obligations of both landlord and tenant.
- Landlords must issue a 10-Day Notice to Comply, allowing tenants to fix the violation or move out.
- Common violations include property damage, unauthorized pets, or smoking in prohibited areas.
- For severe health, safety, or property damage issues, landlords may bypass the cure period and proceed directly with eviction.
Illegal Activity
If a tenant engages in illegal activity or behavior considered a common nuisance, the landlord may serve a 24-Hour Notice to correct the problem.
- If not resolved, the landlord follows with a 5-Day Notice to Quit.
- For dangerous or harmful activities, landlords may issue an unconditional Notice to Quit, requiring immediate move-out without time to cure.
End of Lease / Non-Renewal
Hawaii does not allow “no-cause” evictions during an active lease. Hawaii does not allow “no-cause” evictions during an active lease. However, once the lease ends, tenants who stay without renewing become holdover tenants. In these cases, landlords may serve the proper notice before proceeding with eviction. And if you’re dealing with situations like ending a tenancy early, resources on "breaking a lease in Hawaii" can provide helpful guidance.
- In this case, landlords may serve a 10-Day or 45-Day Notice to Quit, depending on the situation.
- After the notice period, landlords can legally proceed with eviction.
Serving an Eviction Notice in Hawaii
Before starting the eviction process in Hawaii, landlords must understand the legal requirements for notices. Each type of notice has a specific purpose, timeframe, and method of service. Getting this step right is critical—errors can delay your case or even cause dismissal in court.
Types of eviction notices and time periods
Hawaii law provides different types of eviction notices depending on the reason for removal. Each notice comes with its own timeline and requirements, making it crucial for landlords to choose the correct one.
- Nonpayment of Rent – A 5-Day Notice to Pay or Quit, giving tenants five business days (excluding weekends and holidays) to pay overdue rent or move out.
- Lease Violations – A 10-Day Notice to Cure or Quit for issues such as unauthorized pets or property damage. If the same violation occurs again within six months, no additional notice is required.
- Month-to-Month Tenancies – A 45-Day Notice to Vacate without cause.
- Week-to-Week Rentals – A 10-Day Notice is sufficient.
- Serious Misconduct – Illegal activities, threats, or dangerous behavior may justify immediate eviction with no advance notice.
- Fixed-Term Leases – These usually expire on their own unless the lease specifies otherwise. Holdover tenants are treated as month-to-month and require a 45-day notice.
Under Hawaii Revised Statutes Chapter 521, all eviction notices must be in writing, clearly state the reason, specify the deadline for compliance, and explain the consequences of not taking action.
Methods of serving the notice
Hawaii law (HRS §521-68) requires notices to be served in ways that ensure tenants actually receive them:
- Personal delivery to the tenant or another adult at the unit.
- Certified mail with return receipt requested.
- If those fail, posting on the property in a visible spot (like the front door) combined with mailing a copy to the tenant’s last known address.
While landlords can handle initial notices themselves, using a professional process server for court documents is strongly recommended. Proper service is critical because any mistake could delay the eviction process in Hawaii or even cause dismissal.
Proof of service and documentation
Courts require landlords to prove that notice was properly delivered. This means keeping detailed records, including:
- Affidavit of service with date, time, location, and recipient for personal delivery.
- Return receipt or tracking confirmation for certified mail.
- Timestamped photos and affidavits for posted notices.
Supporting documents—such as the signed lease, rent ledger (for unpaid rent), or photos of violations—should be retained. Failure to document service properly can stall or end your eviction case.
Special rules for Maui and recent legal changes
For properties in Maui County impacted by the 2023 wildfires, Act 202 (effective February 5, 2025) requires:
- A 15-day pre-filing notice for nonpayment of rent.
- Mandatory mediation, with landlords waiting 30 days before filing in court.
This rule applies only to wildfire-related arrears. Standard Hawaii eviction timelines remain in place elsewhere.
Statewide, proposed legislation such as House Bill 466 (pending as of 2025) could bring just-cause eviction protections. Also, Act 278 introduced a mediation pilot program, and beginning in 2026, the 5-day notice for nonpayment may extend to 10 days.
Next steps after serving the notice
If the tenant does not comply within the notice period, landlords may file a Complaint for Summary Possession in the District Court. Court filing fees usually range from $50 to $150.
- The tenant is then served with a summons by posting and certified mail.
- Tenants generally have 5–7 business days to respond.
- A hearing is held within 3–21 days.
- If the landlord prevails, the court issues a writ of possession, enforceable by the sheriff after 5 days.
On average, the eviction process in Hawaii takes 4–8 weeks, though Maui wildfire cases may take longer due to the mediation requirement. Importantly, self-help evictions (changing locks, cutting utilities, etc.) are illegal and can expose landlords to fines or lawsuits.
Step-by-Step Hawaii Eviction Procedure
If you’re a landlord in Hawaii, understanding the eviction process is essential to protect your property and stay compliant with state law. Below is a simplified breakdown of how evictions work in Hawaii.
Step 1 - Serving a Hawaii eviction notice
Every eviction process in Hawaii begins with a written notice. The type of notice depends on the tenant’s violation:
- Rent Demand Notice (5 days to pay or quit) – If rent isn’t paid on time, the landlord must give the tenant five days to pay or move out (HRS § 521-68).
- Lease Violation Notice (10 days to cure or quit) – For violations such as property damage, health or safety code violations, or illegal activity, tenants get ten days to correct the issue or vacate (HRS § 521-69).
- Unconditional Notice to Quit (immediate) – Used for severe cases, such as threats or irreparable harm to people or property. No chance to “cure” is given.
In all cases, landlords may recover damages and attorney’s fees.
Step 2 - Filing an eviction lawsuit
If the tenant fails to comply with the notice, the landlord can file an eviction complaint in the Hawaii District Court (HRS § 666-6). Required documents include: the rental agreement, a copy of the eviction notice, and a description of the violation. Filing fees are typically $155.
Step 3 - The Court issues a summons
After filing, the court clerk prepares a summons, which must be served by a sheriff, deputy sheriff, or authorized process server. The summons informs the tenant of the hearing date and warns that failure to appear may result in a default judgment.
Step 4 - Tenant responds
Tenants can either file an answer or appear in court. Deadlines depend on where the summons was served—at least 5 days for the same circuit, or 7 days if served outside the circuit (HRS § 666-9).
Step 5 - Court hearing and judgment
Both landlord and tenant present evidence before the judge. If the landlord wins, the court issues a Writ of Possession, authorizing the removal of the tenant. For nonpayment cases, tenants can sometimes delay eviction by paying all rent owed plus costs and interest (HRS § 666-14).
Step 6 - The sheriff enforces the eviction
Once the writ is issued, the sheriff or process server executes the removal. Tenants are usually given 24 hours to a few days to vacate, depending on the situation (HRS § 666-11).
Eviction Timeline & Costs in Hawaii
On average, the eviction process in Hawaii takes 1–4 months overall, depending on the tenant’s response and the court’s schedule. The chart below outlines each legal step, with estimated costs and duration.
Required Documents for the Hawaii Eviction Process
Before removing a tenant in Hawaii, landlords must follow strict legal procedures. The eviction process in Hawaii relies heavily on proper documentation, and missing a step can delay or even dismiss your case. Below is an overview of the main documents you’ll need at each stage.
Eviction notices and pre-filing requirements
The process begins with serving a written eviction notice. The type of notice depends on the reason: a 5-Day Notice to Pay or Quit for nonpayment of rent, a 10-Day Notice to Cure or Quit for lease violations, or a 45-Day Notice to Vacate for no-fault terminations like ending a month-to-month tenancy. For federally subsidized housing, federal law may require a 30-day notice for nonpayment.
Notices must be in writing, clearly state the reason, provide the required timeframe to comply or vacate, and be delivered by personal service, certified mail, or posted at the property. Immediate filing is allowed for serious illegal activity.
Court filing documents: Complaint and affidavit
If the tenant does not comply, landlords must file an eviction lawsuit (Summary Possession Complaint) in the Hawaii District Court. Key documents include:
- Complaint for Summary Possession – details lease terms, notice served, and requested relief such as possession and unpaid rent.
- Affidavit of Landlord – sworn statement confirming the landlord’s entitlement to possession and supporting facts.
- Summons Request – needed for the court to notify the tenant of the lawsuit.
Filing fees typically range from $155 to $200, depending on the district. Supporting evidence, such as the rental agreement or payment history, should also be attached.
Service documents: Summons and proof of service
Once filed, the court issues a Summons, which must be properly served on the tenant along with the complaint and affidavit. Service can be completed by the sheriff, a licensed process server, or certified mail with return receipt. If service by mail fails, posting at the rental unit may be allowed.
Proof of Service—such as the process server’s affidavit or mail receipt—must be filed with the court. Tenants usually have 5 business days to respond, and failing to do so may result in a default judgment.
Post-Judgment documents and execution
If the landlord prevails, the court issues a Writ of Possession, authorizing the sheriff to physically remove the tenant. The writ provides at least 48 hours’ notice before eviction is carried out. The court may also issue a Judgment for damages, including unpaid rent, late fees, and court costs.
Tenant belongings left behind may be stored according to Hawaii law. Tenants can file an appeal, but self-help evictions—such as changing locks without a court order—are strictly prohibited.
5 Tips to Avoid Common Eviction Mistakes
Evicting a tenant in Hawaii requires careful compliance with state law. Small mistakes can delay your case or create tenant defenses. Here are five quick tips to keep the eviction process in Hawaii on track.
1. Deliver the right notice
Using the wrong notice or serving it late is the #1 error. Hawaii law requires clear timelines—5 days for nonpayment, 10 days for lease violations. Notices must be written, accurate, and properly served by delivery, mail, or posting.
2. Avoid self-help evictions
Landlords cannot change locks, cut utilities, or remove belongings. Only the court can order a legal eviction, and the sheriff or constable must enforce it. Self-help methods can trigger lawsuits and penalties.
3. Keep strong documentation
Courts expect evidence. Keep leases, rent records, communications, and proof of notices served. For violations, use photos or written reports. Good records strengthen your case and prevent delays in the eviction process in Hawaii.
4. Confirm legal grounds
Hawaii law allows evictions for unpaid rent, lease breaches, property damage, or illegal activity. Retaliation or discrimination is forbidden under state and federal law. Always review the lease and gather proof before filing.
5. Get professional help
Improper service or filing errors can restart the process. Use a sheriff or licensed process server for notices, and consult an attorney for complex cases. Legal guidance reduces risk and speeds up the process.
Conclusion
Understanding and following the eviction process in Hawaii is essential for landlords to protect their property and avoid legal risks. By serving proper notices, avoiding self-help actions, keeping thorough records, confirming legal grounds, and seeking professional assistance when needed, the process can move forward smoothly and lawfully.
FAQs
Q1. What happens if a tenant refuses to leave after an eviction order?
Once the court issues a writ of possession, the sheriff or authorized officer has the power to enforce the eviction and remove the tenant from the property.
Q2. What rights do tenants in Hawaii have during the eviction process?
Tenants are entitled to receive proper notice, the opportunity to respond in court, and may raise defenses such as proof of rent payment or claims of retaliatory eviction.
Q3. Do landlords need an attorney for the eviction process in Hawaii?
It’s not required, but hiring an attorney can help landlords avoid mistakes, prepare solid documentation, and handle complex cases more efficiently.
