Honolulu Eviction Laws & Process

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

Eviction Laws in Honolulu, Hawaii

Honolulu is the capital of Hawaii and the seat of the City & County of Honolulu, the consolidated government that covers the entire island of Oʻahu. The urban core is home to roughly 350,000 residents — and Oʻahu as a whole to about a million — making it by far the state’s largest rental market. It is also one of the most expensive housing markets in the United States: vacancy is low, the median gross rent runs around $1,800, and a majority of households (roughly 55 percent) rent rather than own. For landlords, Honolulu combines strong demand and high rents with an unusually tenant-protective legal climate and a set of obligations — from the General Excise Tax on rent to Oʻahu’s strict short-term-rental rules — that do not exist on the mainland.

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 (see below). For a material lease violation, the tenant must receive 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 that threatens irremediable harm to persons or property can support an immediate unconditional notice to quit (HRS § 521-69). Once notice expires without compliance, the landlord files a summary possession action in District Court; if the landlord prevails, the court issues a writ of possession enforced by the sheriff. Self-help eviction — changing locks, removing belongings, or shutting off utilities — is illegal and exposes the landlord to damages.

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 now offer mediation before filing for nonpayment. This is a two-year pilot program (running through February 4, 2028); landlords should treat the 10-day notice plus mediation as the current statewide rule for nonpayment cases.

Honolulu & the City & County of Honolulu — Local Rules That Affect Landlords

No Rent Control — But Strong Tenant Protections. Hawaii has no rent control or rent stabilization, and neither the state nor the City & County of Honolulu caps how much rent a landlord may charge or how much it may be raised. For a month-to-month tenancy, however, a rent increase requires 45 days’ written notice (15 days for week-to-week), and Hawaii’s overall framework — long notice periods, a mandatory mediation step for nonpayment, and robust tenant remedies — makes it one of the more tenant-protective states in the country even without rent control.

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, and that notice must inform the tenant of the right to request free mediation and be copied to a mediation center. The tenant then has 10 calendar days to schedule mediation. If the tenant does not schedule within that window, the landlord may file for summary possession once the 10 days expire; if mediation is scheduled, the landlord must wait an additional period (generally another 10 days) before filing. The summary possession complaint must note the status of the mediation effort. (Hawaii also bars a late fee until rent is at least 5 days overdue, under HRS § 521-21.)

No-Fault Termination: 45-Day Notice. To end a month-to-month tenancy where the tenant has not breached, the landlord must give 45 days’ written notice (HRS § 521-71). This is far longer than most mainland states and should be built into any plan to take a unit back, renovate, or change use.

Lease Violations: 10-Day Notice to Cure. For a material breach of the rental agreement, the tenant gets a 10-day notice and an opportunity to fix the problem (HRS § 521-72). If the breach is cured, the tenancy continues; if not, the landlord may proceed to file.

Oʻahu’s Short-Term Rental Rules. The City & County of Honolulu tightly regulates short-term rentals: outside limited resort-zoned areas, rentals of fewer than 90 days are heavily restricted, and enforcement is active. The distinction matters legally — a true short-term transient stay is not a residential tenancy, but once an occupant has been in place long enough to be a tenant under HRS Chapter 521, they can only be removed through the court. Operators should confirm their use complies with current Honolulu ordinances and registration requirements.

General Excise Tax on Rent. Unlike most mainland states, Hawaii taxes rental income through the General Excise Tax (GET), and on Oʻahu a county surcharge applies on top of the state rate. Many landlords register for a GET license and may pass the tax through to tenants if the lease provides for it. This is a routine but easily overlooked Hawaii landlord obligation — separate from the Transient Accommodations Tax that applies to short-term rentals.

Fair Housing — Hawaii’s Broader Protections. In addition to the federal protected classes, Hawaii law prohibits housing discrimination based on sexual orientation, gender identity or expression, marital status, and HIV/AIDS status, among others. Complaints are handled by the Hawaii Civil Rights Commission. Landlords should apply the same screening standards to every applicant.

Self-Help Eviction Is Illegal. Lockouts, removing a tenant’s belongings, and shutting off utilities to force a tenant out are prohibited; a tenant subjected to these can recover damages. Only the court, through a writ of possession executed by the sheriff, can remove a tenant.

Free Legal Help & Mediation. The Legal Aid Society of Hawaii assists qualifying low-income tenants statewide, the Mediation Center of the Pacific handles Oʻahu landlord-tenant mediations (including the Act 278 nonpayment program), and the Hawaii State Judiciary’s District Court self-help resources assist unrepresented parties.

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

District Court of the First Circuit — Where Honolulu Landlords File

Honolulu landlords file summary possession (eviction) actions in the District Court of the First Circuit, which covers the entire City & County of Honolulu (all of Oʻahu). The Honolulu civil division has long been located at Kauikeaouli Hale, 1111 Alakea Street, Honolulu, HI 96813; because court facilities on Oʻahu have shifted in recent years, confirm the current filing location and intake procedure with the court before filing. The filing fee for a summary possession case is approximately $155. After the landlord prevails, the court issues a writ of possession, which the sheriff executes (generally after a short waiting period). 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 and Oʻahu’s court calendars can be busy, landlords should expect a contested case to take longer than a comparable mainland filing. Self-help eviction is illegal — only the sheriff may remove a tenant under a court-issued writ.