Hilo Eviction Laws & Process

Hawaii landlord guide — notices, timelines, court filing & local rules

Eviction Laws in Hilo, Hawaii

Hilo is the largest community on the Island of Hawaiʻi (the Big Island) and the seat of Hawaii County, with a population of about 44,000 on the island’s rainy windward coast. It is one of the wettest cities in the United States, and its economy runs on county government, the University of Hawaiʻi at Hilo and Hawaiʻi Community College, Hilo Medical Center, diversified agriculture (orchids, papaya, macadamia nuts, and coffee), astronomy support tied to Mauna Kea, the Port of Hilo, and tourism as the gateway to Hawaiʻi Volcanoes National Park. Compared with Oʻahu, Hilo is an affordable market: the median gross rent is around $1,425 — roughly half of what Oʻahu commands — about 34 percent of households rent, the median household income is near $80,000, and vacancy (around 8 percent) is higher than the islands’ urban cores. Importantly for landlords, Hilo is on the Big Island, so eviction cases are filed in the Third Circuit, not Oʻahu’s First Circuit.

Hawaii eviction law is set by the Residential Landlord-Tenant Code (Hawaii Revised Statutes Chapter 521) together with the summary-possession procedures in HRS Chapter 666. A landlord must serve the correct written notice before filing. For nonpayment of rent, Hawaii now requires a 10-calendar-day notice paired with an offer of pre-eviction mediation. For a material lease violation, the tenant gets a 10-day notice to cure (HRS § 521-72). To end a month-to-month tenancy without fault, the landlord must give 45 days’ written notice (HRS § 521-71); a tenant ending the tenancy gives 28 days. Conduct threatening irremediable harm can support an immediate notice to quit (HRS § 521-69). Once notice expires, the landlord files a summary possession action in District Court; a prevailing landlord receives a writ of possession enforced by the sheriff. Self-help eviction — lockouts, removing belongings, or cutting utilities — is illegal.

A major recent change: under Act 278 (2025), effective February 5, 2026, the nonpayment notice period was extended from five business days to 10 calendar days, and landlords must offer mediation before filing for nonpayment. This is a two-year pilot (through February 4, 2028); landlords should treat the 10-day notice plus mediation as the current statewide rule for nonpayment.

Hilo & Hawaii County — Local Rules That Affect Landlords

No Rent Control — Baseline Hawaii Law Applies. Hawaii has no rent control or rent stabilization, and Hawaii County does not cap rent or rent increases. A month-to-month rent increase requires 45 days’ written notice (15 days week-to-week). Even without rent control, Hawaii’s long notice periods and mandatory nonpayment-mediation step make it a relatively tenant-protective state.

The Third Circuit, Not Oʻahu — Where Big Island Landlords File. Unlike Oʻahu cities, Hilo landlords file in the District Court of the Third Circuit, Hilo Division, at Hale Kaulike, 777 Kīlauea Avenue. The Hilo court hears summary possession cases for the North and South Hilo and Puna divisions; properties in Kona or Kohala are filed at the Third Circuit’s Kona or Waimea courts instead. Always file where the premises are situated.

Nonpayment of Rent: 10-Day Notice + Pre-Eviction Mediation (Act 278). When rent is unpaid, the landlord serves a written notice giving the tenant 10 calendar days to pay or vacate, informs the tenant of the right to free mediation, and copies a mediation center — on the Big Island, the Kuʻikahi Mediation Center in Hilo serves East Hawaiʻi. The tenant has 10 calendar days to schedule mediation; if none is scheduled, the landlord may file once the 10 days expire, and if mediation is scheduled the landlord generally waits an additional 10 days. A late fee cannot be charged until rent is at least 5 days overdue (HRS § 521-21).

No-Fault Termination: 45-Day Notice. Ending a month-to-month tenancy where the tenant has not breached requires 45 days’ written notice (HRS § 521-71).

Lease Violations: 10-Day Notice to Cure. A material breach gets a 10-day notice and a chance to fix the problem (HRS § 521-72). If cured, the tenancy continues; if not, the landlord may file.

The Wettest City — Moisture, Mold & Habitability. Hilo receives well over 100 inches of rain a year, and that defines the maintenance reality here. Hawaii’s warranty of habitability (HRS § 521-42) requires landlords to keep units fit to live in, and in Hilo’s climate that means staying ahead of moisture: ventilation, roof and window seals, gutters, and prompt response to leaks and mold. Moisture and mold complaints are a common basis for habitability disputes and tenant defenses in a contested case, so proactive upkeep and documentation are essential — and they protect the building’s value, too.

Tsunami & Lava Zones — Disclosure & Insurance. Hilo’s bayfront has been struck by destructive tsunamis (notably 1946 and 1960) and sits within tsunami evacuation and inundation zones, and the Big Island as a whole is mapped into volcanic Lava Zones that affect insurance availability and cost. Landlords should understand the zone designations for their property, carry appropriate coverage, and be aware that flood/tsunami and lava-zone status can factor into financing, insurance, and tenant disclosures.

University of Hawaiʻi at Hilo — Student Rentals. UH Hilo and Hawaiʻi Community College put a steady stream of student renters into the market. For student group leases, use parental guarantors where appropriate and remember that roommates on a joint lease are jointly and severally liable, so a nonpayment case generally names every signatory.

A Lower-Cost, Higher-Vacancy Market. Hilo offers far cheaper entry than Oʻahu and steadier government and university demand, but vacancy is higher and the renter base is more price-sensitive. Disciplined screening and tenant retention matter, and coordinating with county assistance when a tenant first falls behind is often cheaper than a contested case.

General Excise Tax on Rent. Hawaii taxes rental income through the General Excise Tax (GET), with a Hawaii County surcharge. Landlords typically register for a GET license and may pass the tax through to tenants if the lease allows. It is a routine but easily missed Hawaii obligation.

Fair Housing — Hawaii’s Broader Protections. Beyond the federal protected classes, Hawaii law bars housing discrimination based on sexual orientation, gender identity or expression, marital status, and HIV/AIDS status, among others, enforced by the Hawaii Civil Rights Commission.

Self-Help Eviction Is Illegal. Lockouts, removing belongings, and utility shut-offs are prohibited and expose the landlord to damages. Only the sheriff, under a court-issued writ, can remove a tenant.

Free Legal Help & Mediation. The Legal Aid Society of Hawaii assists qualifying low-income tenants, the Kuʻikahi Mediation Center handles East Hawaiʻi landlord-tenant mediations (including Act 278 nonpayment cases), and the Hilo Court Self-Help Center — staffed by Hawaii County Bar Association volunteer attorneys — offers limited guidance to unrepresented parties.

Security Deposits. Under HRS § 521-44, the deposit may not exceed one month’s rent (an additional pet deposit of up to one month may be allowed). The landlord must return it, with an itemized statement of deductions, within 14 days of the end of the tenancy; missing that deadline can forfeit the right to keep any of it. Normal wear and tear is not deductible.

District Court of the Third Circuit (Hilo) — Where Hilo Landlords File

Hilo landlords file summary possession (eviction) actions in the District Court of the Third Circuit, Hilo Division, located at Hale Kaulike, 777 Kīlauea Avenue, Hilo, HI 96720 (general phone 808-961-7440). The Hilo court hears cases for the North and South Hilo and Puna divisions; the Third Circuit’s other District Courts in Kailua-Kona and Waimea handle the Kona and Kohala/Hāmākua areas. The filing fee for a summary possession case is approximately $155. After the landlord prevails, the court issues a writ of possession executed by the sheriff. In a nonpayment case, the tenant can halt the writ by paying all rent due plus statutory interest (8 percent per year), court costs, and the landlord’s reasonable attorney’s fees (HRS § 666-14). Because Hawaii requires the Act 278 mediation step for nonpayment, build that time into your plan. Self-help eviction is illegal — only the sheriff may remove a tenant under a court-issued writ.