• 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]

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]

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.

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:

• 5-Day Notice to Quit (Non-Payment of Rent)
• 5-Day Notice to Quit (Nuisance)
• 10-Day Notice to Quit (Non-Compliance)
• Terminate Month-to-Month Tenancy Letter

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.

• Sample Complaint
• Sample Summons

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.

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.