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Hawaii Eviction Notice Forms (4)

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Hawaii Eviction Notice Forms (4)

Updated February 16, 2024

A Hawaii eviction notice is a letter that allows a person to evict a tenant for past due rent or any other type of lease violation. The landlord will create the notice by including details of the tenant’s violation and the number of days required to fix it. If the tenant does not remedy the issue, the tenant will be forced to vacate the premises or face an eviction lawsuit.

By Type (4)

5-Day Notice to Quit (Non-Payment of Rent) – The landlord may use this notice at any time after the rental payment due date. The tenant has five days to pay the rent before the landlord may begin eviction proceedings.

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10-Day Notice to Quit (Non-Compliance) – The landlord may use this form if the tenant is in breach of a provision of the lease (other than non-payment of rent). The tenant has ten days to rectify the problem before the landlord may begin eviction proceedings.

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5-Day Notice to Quit (Nuisance)– The landlord may use this form at any time after the tenant has created a nuisance in or around the premises.

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28/45 Day Notice (Month-to-Month Tenancy) – The landlord or tenant may use to terminate their tenancy at will. Landlords are required to give at least forty-five (45) days’ notice while tenants only have to give twenty-eight (28) days.

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Table of Contents

Eviction Laws

  • Rent Grace Period: As agreed upon by both parties.[1]
  • Non-Payment of Rent: 5 days.[2]
  • Non-Compliance: 10 days.[3]
  • Termination (Month-to-Month Lease): 45 days.[4]
  • Eviction Lawsuit: Remedies and Penalties.[5]

Prohibited Landlord Actions

Utility Shutoff – The landlord is legally prohibited from interrupting utility services for a tenant. If they break this law, they must pay a penalty of three times the monthly rent or $1,000, whichever is greater.[6]

Changing the Locks – The landlord is legally prohibited from locking a tenant out of the unit due to nonpayment of rent. Penalties include two times the monthly rent or free occupancy for two months.[7]

Court Forms

Complaint (Sample – Honolulu Division) – The Complaint is used to initiate the eviction process. It is filed with the court and a copy is served on the tenant to notify them of the reasons for which they are being sued for eviction.

Summons (Sample – Honolulu Division) – The Summons form is used to notify the tenant of the eviction process, the time and date of the hearing, and the consequences of not filing a written answer.

Writ of Possession – This form is used if the ruling is in favor of the landlord. It gives the necessary authorities the power to physically remove the tenant and their possessions from the property.

How to Evict a Tenant (4 steps)

  1. Provide Eviction Notice to Tenant
  2. File Complaint and Summons with District Court
  3. Serve Papers on Tenant
  4. Obtain Writ of Possession

1. Provide Eviction Notice to Tenant

Person filling out forms on a computer.

The landlord must provide notice in writing to the tenant before the eviction process can begin. Depending on the reason for the notice, the landlord may use one of these forms:

2. File Complaint and Summons with District Court

The components of a complaint.

If the tenant fails to respond to the notice provided by the landlord, the landlord may begin evictions proceedings (called summary process) by filing a complaint and summons with the County District Court where the property is located.

The fee for filing is $155.00.[8] You must attach a copy of the lease and notice that was sent to the tenant. Each court has its own form of complaint and summons, which you may access by going using the Hawaii Landlord-Tenant Forms.

3. Serve Papers on Tenant

A process server walking down the street in Hawaii with a folder of documents.

The Summons and Complaint must be served on the tenant by a process server licensed in the State of Hawaii. The tenant will have a certain amount of time to respond – either five days after receipt or by a date specified by the court.

4. Obtain Writ of Possession

If the tenant does not respond, the court will issue a Writ of Possession, and the landlord may obtain the services of a sheriff to have the tenant and the tenant’s possessions removed.

Sources

  1. Haw. Rev. Stat. § 521-21(b)
  2. Haw. Rev. Stat. § 521-68(a)
  3. Haw. Rev. Stat. § 521-72(a)
  4. Haw. Rev. Stat. § 521-71(a)
  5. Haw. Rev. Stat. Title 28, Part 6
  6. Haw. Rev. Stat. § 521-74.5
  7. Haw. Rev. Stat. § 521-63(c)
  8. Hawaii District Court Filing Fees and Costs