✓ Law Verified June 2026
Facing eviction in Hawaii? This guide explains the hawaii eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from Hawaii law, verified as of June 2026.
In This Hawaii Guide:
Hawaii Eviction Notice Periods
Before a landlord can file an eviction lawsuit in Hawaii, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 10 calendar days written notice to pay or vacate (HRS 521-68, as amended by Act 278 effective February 5, 2026; changed from prior 5 business days to 10 calendar days permanently). Landlord must also send a copy of the notice to the state-funded community mediation center on the island where the property is located. If tenant requests mediation within those 10 days, the landlord cannot file for summary possession until 20 calendar days from the tenant’s receipt of the notice. |
| Lease violation | 10 days written notice specifying the noncompliance (HRS 521-69). The violation IS curable — the tenant gets 10 days to remedy the problem. Exception: no cure period is required when the noncompliance causes or threatens irremediable damage to any person or property. If the tenant fails to cure within 10 days, the landlord may terminate and file for summary possession. |
| No-cause / end of tenancy | 45 days written notice from landlord to terminate a month-to-month tenancy (HRS 521-71). Tenant must give 28 days written notice. Special case: if the landlord plans voluntary demolition, condo conversion, or change to transient vacation rentals, landlord must give 120 days notice. |
| Holdover tenant | No additional notice required beyond the original termination notice. If a tenant remains after the termination date without consent, the tenant may be liable for up to twice the monthly rent, prorated daily, for each day of holdover. The landlord may proceed directly to filing for summary possession. |
| Tenant must respond within | The tenant must appear or file an answer by the return day, which is at least 5 days after service if served in the same circuit where the action was filed, or at least 7 days after service if served in a different circuit (HRS 666-9). If the tenant fails to appear or answer, the landlord may obtain a default judgment. The tenant may file a General Denial to dispute the eviction and proceed to a hearing. |
| Realistic total timeline | 30 to 60 days from initial notice to physical removal in an uncontested case. If the tenant contests the eviction or invokes pre-filing mediation under Act 278, the timeline may extend to 60 to 90 days or longer. Maui eviction timelines may be longer due to ongoing wildfire recovery impacts on court scheduling. |
How the Eviction Lawsuit Is Filed in Hawaii
The landlord files a Complaint for Summary Possession in Hawaii District Court (the district court of the circuit where the property is located, per HRS 666-6). Filing fee is 155. Required documents include the complaint (form 3DC08 or equivalent by island), copy of the lease/rental agreement, copy of the notice to quit, and a civil information sheet.
Hearing timeline: The initial court date (called the “returnable”) is typically set within 7 to 21 days after filing, depending on court scheduling and island. Act 278 nonpayment cases may take longer if pre-filing mediation is invoked (mediation must occur within 30 days of the mediation center contacting both parties).
Writ of possession / lockout: Hawaii law does not specify a mandatory waiting period between judgment and issuance of the writ of possession (HRS 666-11). The writ can issue immediately after judgment. Once issued, the writ must be executed and filed with completed execution information within 180 days from the date of the writ, unless extended by court order.
Only law enforcement officers or authorized civil process servers may execute the writ — the landlord cannot do it themselves. In practice, enforcement scheduling typically adds 5 to 14 days after the writ is issued.
Tenant Defenses Against Eviction in Hawaii
Depending on your situation, you may be able to raise defenses such as:
- Improper notice (landlord failed to serve proper written notice
- used the wrong notice period
- or did not follow correct service procedures including the Act 278 mediation center copy requirement). Breach of warranty of habitability (HRS 521-42 — the unit is uninhabitable due to landlord’s failure to maintain it
- which may justify rent withholding). Retaliatory eviction (HRS 521-74 — landlord cannot evict within 12 months after a tenant complained to a government agency about code violations
- complained to the landlord about health/safety conditions
- organized or joined a tenant union
- or exercised any legal right). Discrimination (eviction based on race
- color
- religion
- sex
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
What Your Landlord CANNOT Do
In Hawaii, a landlord cannot evict you without a court order. Hawaii strictly prohibits self-help evictions. A landlord CANNOT change the locks (lockout), remove the tenant’s belongings, shut off utilities (electricity, water, gas), remove doors or windows, have someone (including police) tell the tenant to leave without a court order, or physically remove or threaten the tenant.
Under HRS 521-63(c), if the landlord removes or excludes the tenant overnight without cause or without a court order, the tenant may recover two months’ rent OR free occupancy for two months, plus costs of suit including reasonable attorney’s fees.
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Free legal help: Legal Aid Society of Hawaii (legalaidhawaii.org, intake hotline 808-536-4302, Monday-Friday 9am-11:30am and 1pm-3:30pm) provides free civil legal assistance for low-income individuals with offices on Oahu, Maui, Kauai, Molokai, and Big Island. Volunteer Legal Services Hawaii (vlsh.org, Oahu 808-528-7046, Hawaii Island 808-313-8210) provides pro bono attorneys for landlord-tenant matters.
Hawaii State Judiciary Self-Help Centers provide court-based assistance for self-represented litigants. DCCA Landlord-Tenant Information Center (cca.hawaii.gov/ocp/landlord-tenant/) provides information resources. Mediation Centers of Hawaii (mediationcentersofhawaii.org) provide free mediation under the PEMP for nonpayment evictions. Aloha United Way 211 (dial 211) provides referrals.
Other Hawaii eviction rules: Act 278 (2025) created the Pre-Filing Eviction Mediation Program (PEMP), a two-year pilot effective February 5, 2026 through February 4, 2028, requiring landlords to send a copy of the 10-day nonpayment notice to the local mediation center and offering free mediation if the tenant requests it within 10 days.
Even after the pilot sunsets, the 10-calendar-day notice period for nonpayment remains permanent. Hawaii has no statewide rent control and no local rent control ordinances.
For month-to-month tenancies, 45 days written notice is required before a rent increase takes effect, and rent cannot be increased during a fixed-term lease unless the lease specifically allows it. Hawaii’s maximum security deposit is one month’s rent (HRS 521-44), one of the strictest caps in the country.
Hawaii courts require only law enforcement or authorized civil process servers to execute writs of possession. Maui court timelines may be extended due to wildfire recovery impacts.
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Official Hawaii Sources & Resources
- Hawaii Courts / Judiciary: https://www.courts.state.hi.us/landlord-tenant-claims-prefiling-eviction-mediation
- Hawaii Eviction Statute: https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-.htm
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the Hawaii Eviction Process
The Hawaii eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the Hawaii eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the Hawaii eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire Hawaii eviction process.
This Hawaii eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
More Hawaii Tenant Rights Guides
- Hawaii Tenant Rights
- Hawaii Security Deposit Law
- Hawaii Rent Increase Laws
- Hawaii Repairs & Habitability
- Breaking a Lease in Hawaii
- Eviction Timeline Calculator
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.