🌺 Hawaii Eviction Notice Laws
Complete Landlord Guide to Hawaii Eviction Requirements
📋 Updated for • HRS Chapter 521Last reviewed: January
Hawaii’s Residential Landlord-Tenant Code provides significant tenant protections, including a 45-day notice for month-to-month terminations and mandatory mediation in some cases. The islands’ unique geography also creates logistical challenges for landlords. This guide covers requirements under HRS Chapter 521.
📑 Table of Contents
📝 Hawaii Eviction Notice Types
Hawaii law under HRS Chapter 521 establishes specific notice requirements for different eviction scenarios. Landlords must follow these requirements precisely to proceed with an eviction.
5-Day Notice to Pay or Quit
HRS § 521-68
For non-payment of rent, Hawaii requires a 5-business-day notice (not including weekends or holidays) to pay or vacate. This is relatively short but the subsequent court process can be lengthy.
Notice Requirements:
- ✅ Must be in writing
- ✅ Must state the specific amount of rent due
- ✅ Must give tenant 5 business days to pay or vacate
- ✅ Must be served personally, by certified mail, or by posting and mailing
- ✅ Must include landlord’s contact information
Hawaii’s 5-day notice counts only business days—weekends and state holidays don’t count. This effectively makes it a 7-9 calendar day notice in most cases.
10-Day Notice (Lease Violation)
HRS § 521-72
For material lease violations other than non-payment, Hawaii requires a 10-day notice that gives the tenant an opportunity to cure the violation.
Common Lease Violations:
- 🔸 Unauthorized pets or occupants
- 🔸 Excessive noise or disturbances
- 🔸 Property damage beyond normal wear
- 🔸 Failure to maintain the unit
- 🔸 Violation of community rules
If the violation is not cured within 10 days, the landlord can proceed with eviction. For repeat violations within 120 days, the landlord can issue a notice without a cure period.
📄 Get Free Lease Violation Notice45-Day Notice (Month-to-Month)
HRS § 521-71
To terminate a month-to-month tenancy without cause, Hawaii requires 45 days’ written notice—significantly longer than the 30 days required in most states. This provides substantial protection for tenants in month-to-month arrangements.
Important Considerations:
- ✅ Notice must be given at least 45 days before the termination date
- ✅ The termination date should coincide with the end of a rental period
- ✅ No reason required for termination (but cannot be retaliatory)
Immediate / 24-Hour Notice
HRS § 521-69 & 521-70
Hawaii allows expedited eviction procedures for serious violations:
- 🔴 Immediate: Illegal drug activity on the premises
- 🔴 24 Hours: Tenant causes or threatens imminent harm to persons or property
- 🔴 5 Days: Illegal activity that threatens health, safety, or welfare of neighbors
Hawaii has expedited procedures for drug-related evictions under HRS § 521-70. Landlords can seek immediate possession if there’s illegal drug activity, and the court must hear the case within 5 days.
⚖️ Hawaii Summary Possession Process
Hawaii evictions are filed as “Summary Possession” actions in District Court. The process involves several steps and can take longer than many mainland states due to court backlogs and mandatory procedures.
Serve Proper Notice
Serve the appropriate notice (5-day, 10-day, or 45-day) and wait for the full notice period to expire. Keep proof of service—you’ll need it for court.
File Complaint for Summary Possession
After the notice period expires, file a Complaint for Summary Possession in the District Court where the property is located. Filing fees vary by island but are typically $155-$200. Include copies of the lease, notice, and proof of service.
Service on Tenant
The summons and complaint must be served on the tenant at least 5 days before the hearing. Service can be personal, by certified mail, or by posting if other methods fail.
Court Hearing
The hearing is typically scheduled within 7-21 days of filing, depending on court availability. Both parties present their case. Tenants may raise defenses or request continuances.
Judgment
If the landlord prevails, the court issues a judgment for possession. The judge will set a move-out date, typically 5-10 days from the judgment.
Writ of Possession
If the tenant doesn’t vacate by the court-ordered date, the landlord can request a Writ of Possession. The sheriff will execute the eviction, which may take an additional 5-14 days to schedule.
Hawaii courts often encourage or require mediation before trial. The Mediation Center of the Pacific and other organizations offer free or low-cost mediation services. This can sometimes resolve disputes faster than litigation.
Hawaii strictly prohibits self-help evictions. Landlords cannot change locks, remove belongings, shut off utilities, or take any action to force a tenant out without a court order. Violations can result in the tenant recovering up to two months’ rent plus actual damages.
⏱️ Hawaii Eviction Timeline
Hawaii evictions typically take longer than mainland averages due to tenant protections and court backlogs, particularly on Oahu.
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice period | 5-45 days | 5 business days for non-payment; 45 days for no-cause |
| 📋 File complaint | 1-3 days | After notice period expires |
| 📬 Service on tenant | 5+ days | Must be served at least 5 days before hearing |
| ⚖️ Court hearing | 7-21 days | From filing; can be longer on Oahu |
| 📜 Judgment | Same day – 7 days | Usually immediate if landlord wins |
| 🔑 Move-out period | 5-10 days | Court sets specific date |
| 🚔 Writ execution | 5-14 days | If tenant doesn’t leave voluntarily |
Non-Payment (Uncontested): 4-8 weeks from notice to possession
Non-Payment (Contested): 8-14 weeks or more
Month-to-Month Termination: 10-16 weeks (due to 45-day notice)
Drug-Related Eviction: 2-4 weeks (expedited process)
🛡️ Common Tenant Defenses in Hawaii
Hawaii tenants have several potential defenses to eviction. Landlords should be aware of these to ensure their case is solid.
Improper Notice
The notice wasn’t properly served, didn’t contain all required information, didn’t provide adequate time (remember—5 business days for non-payment), or was defective in some other way. This is one of the most common successful defenses.
Rent Was Paid
Tenant can prove rent was paid before the eviction was filed, or that the landlord accepted rent after serving the notice (which may waive the landlord’s right to proceed).
Breach of Habitability
The landlord failed to maintain the property in habitable condition. Under HRS § 521-42, landlords must maintain the premises in a fit and habitable condition. Significant maintenance failures may be a defense to eviction.
Retaliation
Under HRS § 521-74, eviction is illegal if it’s in retaliation for the tenant exercising legal rights, such as reporting code violations, organizing tenants, or complaining about habitability issues. There’s a presumption of retaliation if eviction occurs within 90 days of protected activity.
Discrimination
Hawaii’s fair housing laws (HRS Chapter 515) prohibit discrimination based on race, color, religion, sex, national origin, ancestry, disability, marital status, familial status, age, or HIV infection. Eviction based on any protected characteristic is illegal.
💰 Hawaii Security Deposit Rules
Hawaii has specific requirements for security deposits under HRS § 521-44. These rules are strictly enforced.
| Requirement | Details |
|---|---|
| Maximum Amount | 1 month’s rent (this is one of the lowest limits in the nation) |
| Pet Deposit | Additional pet deposit allowed but limited |
| Interest Required | No (not required) |
| Separate Account | Not specifically required, but deposit must be held for tenant |
| Return Timeline | 14 days after tenant vacates and returns keys |
| Itemized Statement | Required if any deductions are made |
| Walk-Through Inspection | Required upon request of tenant |
If a landlord fails to return the security deposit or provide an itemized statement within 14 days, the tenant may recover the full deposit plus damages up to three times the deposit amount, plus court costs and attorney’s fees.
❓ Hawaii Eviction FAQ
🔍 Avoid Evictions with Better Tenant Screening
Hawaii’s lengthy eviction process makes thorough tenant screening essential. A bad tenant can cost months of lost rent and legal fees.
📚 Related Hawaii Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about Hawaii eviction laws and is not legal advice. Hawaii landlord-tenant law is governed by HRS Chapter 521 (Residential Landlord-Tenant Code) and may be amended by the legislature. Individual islands may have local rules that affect procedures. This guide reflects requirements as of . Always consult with a qualified Hawaii attorney before proceeding with an eviction, especially for complex situations.
