🏛️ Courthouse Information and Locations for Hawaii
Hawaii Eviction Laws: Notice Requirements, Process, and Timelines
Hawaii handles evictions through District Court using a summary possession process. The state requires a 5-day notice for nonpayment of rent, giving tenants an opportunity to pay and stop the eviction. Lease violations require a 10-day notice to cure. Hawaii’s geographic isolation, high cost of living, and strong tenant protections—including rent control in some areas—make it one of the more challenging states for landlords. Court backlogs and limited housing supply can extend timelines significantly. Below you’ll find the key details every Hawaii landlord needs to know.
Hawaii Eviction Laws
Comprehensive guide to Hawaii's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in District Court.
⚡ Quick Overview
💰 Nonpayment of Rent
Hawaii is very tenant-friendly. Courts often favor mediation. 5-day notice period is business days. Landlord must accept full payment during notice period.
📋 Lease Violation
Same violation within 120 days allows landlord to give unconditional 10-day quit notice without cure opportunity.
📬 Service of Process
Process server or sheriff.
🏛️ Court & Legal Information
Court mediation adds 2-4 weeks. Oahu courts have heavy caseloads.
⚖️ Appeals & Post-Judgment
Sheriff executes writ. Landlord changes locks after.
📦 Tenant Property & Abandonment
Landlord must provide written notice. Store for 15 days. May dispose after 15 days.
🏦 Security Deposits
Must return within 14 days with itemized statement. Interest not required.
💵 Late Fees
Cannot charge until rent is more than 15 days late. Cap is 8% of monthly rent amount.
🛡️ Tenant Protections
No statewide rent control. Some proposals under discussion.
🏙️ Local Overrides & City-Specific Rules
Honolulu has additional ordinances on landlord-tenant relations.
Underground Landlord📝 Hawaii Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the District Court. Pay the filing fee (~$155).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Hawaii
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Hawaii Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General educational information only, not legal advice. Hawaii eviction rules can shift based on new legislation and judiciary procedures. For case-specific guidance, consult a qualified Hawaii attorney or the Hawaii Judiciary’s landlord-tenant resources.
Overview: How Evictions Work in Hawaii
Hawaii residential evictions are typically filed as summary possession cases in District Court. The landlord must first serve the proper termination notice. If the tenant does not comply, the landlord files a complaint for summary possession. If the landlord wins, enforcement occurs through the court process.
Self-help eviction is not lawful. Landlords cannot lock out tenants, shut off utilities, or remove belongings without a court order and proper enforcement steps.
Major Hawaii Update: Mandatory Pre-Filing Mediation + Longer Notice (Act 278)
Hawaii enacted Act 278, which changes the pre-filing path for nonpayment of rent. Starting February 5, 2026, landlords generally may not file a lawsuit to evict residential tenants for nonpayment of rent alone unless they have provided 10 days’ written notice and—if the tenant requests it—participated in pre-filing mediation. The Hawaii Judiciary has posted public guidance reflecting this start date and the new requirements.
What this means in practice: The notice step for nonpayment has become longer and more structured, and landlords need a plan for mediation requests. If a tenant schedules mediation within the notice window, the landlord may need to wait longer before filing.
Hawaii Notice Requirements (What to Serve Before Filing)
Hawaii notice rules depend on the reason for eviction. For nonpayment, the “headline” change is the shift to a 10-day written notice tied to Act 278’s mediation framework. Other notices (for lease violations or end-of-term situations) can have different statutory requirements. Because Hawaii has had multiple waves of eviction-related legislation in recent years, landlords should use official judiciary forms and double-check the current version of notice language.
- Nonpayment of rent: starting February 5, 2026, generally 10 calendar days’ written notice before filing for nonpayment of rent alone, with mediation triggers under Act 278.
- Lease violations: notice length varies by violation type and cure rights; use the correct statutory form and include specific facts.
- End of rental term / termination of periodic tenancy: notice depends on the tenancy type and lease terms; verify statutory timing.
Service tip: Use a method you can prove. Keep copies, a service log, and any mediation-related documentation (especially if you must attach or reference it in the court filing).
Hawaii Eviction Timeline (Step by Step)
Step 1 – Serve the proper notice and follow the mediation requirements. For nonpayment cases, this now includes the 10-day notice and the possibility of pre-filing mediation. If the tenant requests mediation and schedules it within the required window, the landlord must comply before filing.
Step 2 – File a summary possession complaint in District Court. Hawaii provides landlord-tenant forms and directs that landlord-tenant cases are heard in District Court. After filing, the court process moves according to docket availability and the tenant’s response.
Step 3 – Court hearing or trial. If the tenant contests, the court sets a hearing or trial. Both sides present evidence. Landlords should bring the lease, ledger, notices, proof of service, and mediation paperwork (if required), along with photos and repair records if the tenant raises habitability issues.
Step 4 – Judgment and enforcement. If the landlord wins, the court enters judgment for possession. If the tenant does not leave voluntarily, the landlord follows the court’s enforcement steps to regain possession. Physical removal is not done by the landlord.
Tenant Defenses and Landlord Mistakes That Cause Delays
- Not using the updated notice process: failing to provide the correct number of days or failing to handle mediation steps properly (especially after February 5, 2026).
- Bad math on rent owed: landlords must state the exact amount owed after credits; sloppy ledgers invite disputes.
- Improper service: inability to prove delivery can undermine the filing.
- Habitability issues: tenants may raise serious repair concerns; landlords should keep inspection photos, repair invoices, and communications.
Hawaii Eviction Context (Late 2025–January 2026)
1) Transition period: January 2026 is a “transition month” because the Act 278 process is about to become active in early February. Landlords should update notice templates, train staff, and build a mediation workflow now rather than after a case gets rejected.
2) Court timelines can be longer than mainland expectations. Hawaii’s geography, court scheduling, and the mediation layer can push realistic timelines beyond what landlords expect in faster jurisdictions.
Best Practices Checklist
- Update your nonpayment notice templates to the 10-day standard effective February 5, 2026.
- Have a clear process for mediation requests and documentation.
- Maintain accurate ledgers (rent owed after credits) and issue receipts.
- Document service and keep all forms and communications organized.
- Never self-help; follow court enforcement steps.