Removing a commercial tenant in Hawaii is generally faster and less bogged down by tenant protections than residential evictions. However, because commercial evictions involve high financial stakes and complex contracts, making a procedural misstep can be incredibly costly for a landlord.

Notice Periods Dictated by the Lease

In the residential world, the law dictates exactly how many days notice a tenant must receive (e.g., 5 days for non-payment). In the commercial world, the notice required to put a tenant in default is dictated entirely by the commercial lease agreement.

• Non-Payment of Rent: The lease must specify how many days the rent must be late before a default occurs, and exactly what kind of written notice is required before taking legal action.

• Material Breach: For non-monetary violations (e.g., unauthorized subleasing, failing to maintain commercial insurance), the lease should define the "cure period," giving the tenant a specific number of days to rectify the issue.

If the lease is completely silent on notice periods (which is rare for commercial leases), courts generally default to requiring "reasonable notice."

The Controversial "Self-Help" Option

Unlike the vast majority of jurisdictions, Hawaii law does not universally prohibit commercial landlords from using "self-help" eviction (e.g., changing the locks) for non-payment of rent.

However, this is only legally viable if:

1. The written commercial lease explicitly contains a clause granting the landlord the right of re-entry and self-help upon default.
2. The lockout can be accomplished entirely peacefully, without causing a "breach of the peace."

The Risk: Most Hawaii commercial real estate attorneys strongly advise against using self-help. If the tenant is present and protests, or if property is damaged during the lockout, it quickly becomes a "breach of the peace." The tenant can immediately sue the landlord for wrongful eviction, trespassing, and massive business interruption damages.

The Safe Route: Summary Possession (HRS Chapter 666)

To avoid the immense liability of self-help, the standard and safest procedure is to manage the formal court process known as Summary Possession under Hawaii Revised Statutes Chapter 666.

Commercial Lockouts and Tenant Property

If a landlord successfully evicts a commercial tenant via a Writ of Possession, they are often left with a building full of the tenant's trade fixtures, inventory, and equipment. The landlord cannot simply throw this in the dumpster. Hawaii law requires the landlord to store the items safely and provide the evicted tenant notice to claim them. If unclaimed, the landlord can eventually sell the items at auction to satisfy the unpaid rent debt, but strict legal procedures must be followed regarding the auction notice.

Best Practices for Commercial Evictions

• Strict Compliance with the Lease: The most common reason a judge will throw out a commercial eviction case is if the landlord failed to deliver the default notice exactly as prescribed in the "Notices" section of the lease (e.g., the lease required certified mail to the corporate headquarters, but the landlord only emailed the local store manager).
• Hire Experienced Counsel: Commercial evictions are not DIY projects. Always hire a Hawaii-licensed commercial real estate attorney to file the Summary Possession action.

How Landager Helps

Landager tracks lease terms, ensures timely notices, and maintains secure compliance records - making it easy to stay compliant with Hawaii regulations.

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