Hawaii Eviction Process
Hawaii evictions are referred to as a summary process and the information on this page addresses residential rental property, so commercial or agricultural real estate may have entirely different proceedings.
1. Prepare the termination notice. There are three types of notices a landlord can use to begin the eviction process in Hawaii:
- Hawaii 15 Day Notice to Pay or Quit (For nonpayment of rent)
- Hawaii 10 Day Notice to Cure or Quit (For violations other than nonpayment)
- Hawaii 45 Day Notice to Quit (For month-to-month agreements)
2. Serve the tenant and wait. A landlord must deliver the notice to the tenant, inform them of the violations and then wait for the tenant to act.
3. Summons and complaint is filed. If the tenant fails to cure the noncompliance or vacate, the landlord may begin eviction proceedings by filing a
with a County District Court.
4. Tenant is served summons & complaint. The landlord must hire a process server to formally deliver the summons and complaint to the tenant. Upon receipt , the tenant will have either 5 days to respond with an answer or whatever date the court specifies.
5. Writ of possession. If the tenant submits an answer, a court date will be scheduled to hear testimony from both sides. But if the tenant fails to answer, the landlord may request the court to grant them possession.
Notice to Quit
A Notice to Pay or Quit demands a tenant to pay the total amount of past due rent or vacate.
A Notice to Cure or Quit may be used if a landlord wants to either allow a tenant to become compliant or ust terminate the lease.
A 45 Day Notice to Quit is required for a landlord to cancel a month-to-month rental agreement.