Kailua Eviction Laws & Process

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

Eviction Laws in Kailua, Hawaii

Kailua is an affluent windward beach community of about 38,000 on the eastern (Koʻolaupoko) side of Oʻahu, part of the City & County of Honolulu. (Note: this is Kailua on Oʻahu — famous for Kailua and Lanikai beaches — not Kailua-Kona on the Big Island, which is a different place in a different court circuit.) It is one of the wealthiest communities in Hawaii: the median household income is roughly $149,000, family poverty is around 4 percent, and median home values exceed $1.2 million. The market is owner-dominated — only about 28 percent of households rent — and rents are premium, running near $2,900. Kailua is a commuter community for Honolulu over the Pali, sits next to Marine Corps Base Hawaii, and has been the focal point of Oʻahu’s crackdown on illegal vacation rentals.

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.

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

No Rent Control — Baseline Hawaii Law Applies. Hawaii has no rent control or rent stabilization, and there is no rule unique to Kailua capping rent or rent increases. A month-to-month rent increase requires 45 days’ written notice (15 days week-to-week). Hawaii’s long notice periods and mandatory nonpayment-mediation step still make it a relatively tenant-protective state.

Two Kailuas — File in the Right Circuit. Kailua on Oʻahu is part of the City & County of Honolulu, so its eviction cases are filed in the District Court of the First Circuit. Do not confuse it with Kailua-Kona on the Big Island, whose cases are filed in the Third Circuit (Kona). File where the premises are situated — using the wrong circuit will delay or derail a case.

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. 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 Short-Term Rental Crackdown. Kailua has been the center of Oʻahu’s effort to rein in illegal vacation rentals. The City & County of Honolulu sharply restricts short-term rentals outside designated resort areas — generally requiring a minimum rental term of 90 days — and enforces aggressively. The legal line matters: a genuine 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, removal requires a court proceeding, not a checkout. Owners considering or operating shorter-term rentals in Kailua should confirm their use is permitted under current Honolulu ordinances before relying on that income.

A Premium, Owner-Dominated Beach Market. With incomes and home values among the highest in the state and only about a quarter of households renting, Kailua’s rental pool is small and high-end. The elevated “vacancy” figure largely reflects second homes and former vacation units rather than soft demand. A turnover or a slow eviction in this market is expensive, so screen carefully and prioritize retention of good long-term tenants.

General Excise Tax on Rent. Hawaii taxes rental income through the General Excise Tax (GET), with a county surcharge on Oʻahu. Landlords typically register for a GET license and may pass the tax through to tenants if the lease allows; short-term rentals also trigger the Transient Accommodations Tax. These are routine but easily missed Hawaii obligations.

Fair Housing & Military Tenants. Beyond the federal protected classes, Hawaii law bars housing discrimination based on sexual orientation, gender identity or expression, marital status, and HIV/AIDS status, enforced by the Hawaii Civil Rights Commission. With Marine Corps Base Hawaii nearby, some Kailua tenants are servicemembers with federal SCRA rights, including early lease termination on qualifying PCS or deployment orders.

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 Mediation Center of the Pacific handles Oʻahu landlord-tenant mediations (including Act 278 nonpayment cases), and the Hawaii State Judiciary’s District Court self-help resources assist 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 First Circuit — Where Kailua Landlords File

Because Kailua (Oʻahu) is part of the City & County of Honolulu, its landlords file summary possession (eviction) actions in the District Court of the First Circuit, which serves all of Oʻahu. The Honolulu civil division has long been located at Kauikeaouli Hale, 1111 Alakea Street, Honolulu, HI 96813; since 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 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 and Oʻahu court calendars can be busy, 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.