By Beth Dillman , Attorney University of Idaho College of Law
Updated by Ann O’Connell , Attorney UC Berkeley School of Law
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A landlord must follow specific rules and procedures when evicting a tenant in Hawaii. Landlords and property managers who don't follow the proper procedures risk having their eviction case kicked out of court.
If a landlord wants to evict a tenant before the tenant's lease or rental agreement has expired, then the landlord must have legal cause (a reason). Hawaii law defines legal cause as failure to pay rent, violation of the lease or rental agreement, or serious damage to the rental unit or another person.
To evict the tenant for one of these reasons, the landlord needs to first terminate the tenancy. The landlord can terminate the tenancy by giving the tenant notice; the type of notice required depends on the reason why the landlord is ending the tenancy.
If a landlord wants a tenant to move but doesn't have legal cause to evict the tenant, the landlord has to wait until the tenant's lease or rental agreement has ended before expecting the tenant to move. The landlord will still need to give the tenant written notice to move if there's a month-to-month tenancy or if the lease requires it.
If the landlord wants to end a month-to-month tenancy but doesn't have legal cause to evict the tenant, the landlord must give the tenant a written 45-day notice. This notice must inform the tenant that the landlord is ending the month-to-month tenancy and that the tenant must move out of the rental unit by the end of 45 days. The tenant can leave at any time during that 45-day period, but must tell the landlord the day they're leaving. The landlord must prorate the rent to correspond with the amount of time the tenant actually remains at the rental after receiving the notice. If the tenant does not move out of the rental unit in time, then the landlord can bring an eviction lawsuit against the tenant. ( Haw. Rev. Stat. § 521-72(a) (2024).)
If the landlord wants to end a fixed-term lease but doesn't have legal cause to evict the tenant, the landlord must just wait until the lease has expired before expecting the tenant to move. The landlord doesn't need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant doesn't move out of the rental unit by the end of the lease term, then the landlord should stop accepting rent payments from the tenant and file an eviction lawsuit against the tenant.
It is important to note that in Hawaii, the landlord only has 60 days after the lease term has ended to file an eviction lawsuit against the tenant. If the landlord waits longer than 60 days, then the tenant will become a month-to-month tenant. The landlord will then have to give the tenant a 45-day notice to move before being able to proceed with the eviction. (Haw. Rev. Stat. § 521-71(e) (2024)).
Even if a landlord follows all the rules and has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could also have a valid legal defense to eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. The tenant's decision to fight the eviction could increase the cost of the eviction or allow the tenant more time to remain living in the rental unit.
A landlord must never try to force a tenant to move out of a rental unit. Even after the landlord wins an eviction lawsuit against the tenant, the only person authorized to remove the tenant is a law enforcement officer with a court order. Hawaii has made it illegal for the landlord to ever try to remove the tenant or create a situation that forces the tenant to move out of the rental unit. A landlord who takes self-help measures can be penalized for illegally evicting a tenant.
The tenant might abandon personal property in the rental unit after the tenant is evicted. When the landlord believes the property has value, then the landlord must send the tenant written notice to claim the property before the landlord disposes of it. While waiting for the tenant's response, the landlord can store the property and charge the cost of the storage to the tenant. After giving the tenant notice, the landlord can choose to sell or donate the property.
Sale of abandoned property. The landlord can sell the property after advertising the sale in a daily paper of general circulation within the circuit in which the rental is located for at least three days in a row. The landlord can use the proceeds from the sale to cover unpaid rent and the costs of storing and selling the abandoned property. When there are funds remaining after these deductions, the landlord must hold the funds in trust for the tenant for 30 days. If the tenant doesn't claim the funds during those 30 days, the landlord can keep it.
Donation of abandoned property. If the landlord prefers to donate the property, the landlord can do so 15 days after sending the notice.
The landlord can dispose of any items left after the sale or that the landlord believes to have no value at the landlord's discretion.
Landlords must carefully follow all the rules and procedures required by Hawaii law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
Hawaii's Department of Commerce and Consumer Affairs website has a helpful landlord-tenant resource page where you can find the text of Hawaii's landlord-tenant statutes as well as a comprehensive Hawaii residential landlord-tenant handbook.