Hawaii Residential Eviction Process

Evicting a tenant in Hawaii requires strictly adhering to procedural rules and notice timelines set forth in HRS Chapter 521. As in almost all states, "self-help" evictions (locking a tenant out, shutting off utilities without a court order) are completely illegal and can subject the landlord to severe financial penalties.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in Hawaii for advice specific to your situation. Information last verified: March 2026.

Grounds for Eviction and Notice Periods

Before filing an eviction lawsuit (known in Hawaii as an Action for Summary Possession), the landlord must provide the tenant with proper written notice.

1. Non-Payment of Rent (5-Day Notice + Mediation)

If a tenant fails to pay rent on time, the landlord must provide a 5-Day Notice to Pay or Quit. This gives the tenant 5 business days to pay the overdue balance in full or vacate the premises.

Crucial Update: The Act 202 Mediation Mandate (Effective Feb 2025) Under modern Hawaii law, a landlord cannot simply file for eviction immediately after the 5-day notice expires if the tenant wishes to mediate.

• When serving the 5-day notice, the landlord must also provide specific information regarding the tenant's right to schedule mediation.
• If the tenant contacts the mediation center within 15 days of receiving the notice, the landlord is legally required to participate in mediation before they can file an eviction action in court.
• If mediation fails, or the tenant ignores the notice, the landlord may proceed with the court filing.

2. Lease Violations (10-Day Notice)

If a tenant violates the terms of the rental agreement (e.g., unauthorized pets, keeping an unauthorized subtenant, failing to maintain the unit), the landlord must issue a 10-Day Notice to Cure or Quit. The tenant has 10 days to fix the violation. If they correct the behavior within 10 days, the landlord cannot evict them.

If the tenant commits the exact same violation again after curing it the first time, the landlord can issue a 5-day notice to terminate without giving the tenant a second chance to cure.

3. Creating a Nuisance (24-Hour to 5-Day Notice)

If a tenant's behavior constitutes a public nuisance (e.g., drug dealing, severe violence) or causes irreparable damage to the property, the landlord can provide a minimum 24-hour up to a 5-day absolute notice to quit, with no option to cure, before filing for eviction.

4. End of Lease / Month-to-Month Termination

If a landlord wishes to end a month-to-month tenancy without cause, they must provide 45 days' written notice to the tenant. (Conversely, a tenant only needs to provide 28 days' notice to the landlord). If an active fixed-term lease naturally expires and the landlord has previously notified the tenant they will not renew, the landlord can initiate eviction on the first day the tenant becomes a "holdover" without further notice. If the landlord fails to file within 60 days of the holdover, the lease converts to month-to-month.

The Court Process: Summary Possession

If the tenant ignores the notice and remains on the property, the landlord's next step is the court system.

1. Filing the Complaint: The landlord files an Action for Summary Possession in the local District Court where the property is located.
2. Serving the Summons: A process server or law enforcement officer serves the tenant with a summons commanding them to appear in court.
3. The Hearing: Both parties present their evidence to a judge. (Small claims courts do not allow attorneys, but eviction hearings in District Court do).
4. Writ of Possession: If the judge rules in the landlord's favor, they will issue a Writ of Possession. Only a sheriff or police officer can execute this writ and physically remove the tenant from the property.

Best Practices for Landlords

• Never Attempt Self-Help: Never change the locks, remove a tenant's belongings, or harass a tenant into leaving. This gives the tenant the right to sue for two months' rent or free occupancy.
• Understand the Mediation Laws: Familiarize yourself with your local Hawaii mediation center protocols. Rushing to court and ignoring the Act 202 mediation mandate will result in a judge throwing out your eviction case entirely, forcing you to start the clock over.

How Landager can Help

Keeping accurate records of late payments, lease violations, and delivered notices is paramount during a summary possession hearing. Landager maintains a permanent, timestamped cloud record of your tenant ledgers and communications, giving your attorney immediate access to the irrefutable evidence they need to win your case in Hawaii District Court.

Back to Hawaii Landlord-Tenant Laws Overview.