how to do an eviction without a lawyer hawaii

In Hawaii, the only way a landlord can legally evict a tenant is by going to court and winning an eviction lawsuit. It is illegal for the landlord to try to force the tenant to move out of the rental unit by other means, such as changing the locks on the door or shutting off the utilities to the rental unit (see Haw. Rev. Stat. § 521-63).

Full Answer

How do I evict a tenant in Hawaii?

Mar 18, 2022 · How Do I Evict Someone In Hawaii? As part of an annual lease audit, landlords must send a 10-day notice called a 10-Day Notice to Comply if any tenants violate the contract. An eviction notice that has ten days to be served or a fine to pay will be sent to the tenant.

Can a landlord evict a tenant without an eviction notice?

Oct 18, 2021 · Hawaii Eviction Process. Step 1: Notice is Posted. A landlord is expected to provide some basic information on all eviction notices, including the date the tenancy will ... Step 2: Complaint is Filed and Served. Step 3: Answer is Filed. Step 4: Court Hearing and Judgment. Step 5: Writ of Possession ...

What happens if a tenant does not pay rent in Hawaii?

Dec 22, 2021 · Eviction Reasons. 1. Failure to Pay Rent. A landlord can evict a tenant for not paying rent on time. Rent in Hawaii is considered late a day past its due. Before ... 2. Violation of the lease/rental agreement. 3. Conducting illegal activity. 4. …

Can a landlord file a complaint against a tenant in Hawaii?

In Hawaii, the only way for a landlord to legally evict a tenant is to file an eviction lawsuit and win it. Rent control laws prohibit landlords from using other means to force tenants out of their rental units, such as changing the locks on the front door or shutting off the utilities to the rental unit.

Can I evict a tenant now in Hawaii?

In Hawaii, the only way a landlord can legally evict a tenant is by going to court and winning an eviction lawsuit. It is illegal for the landlord to try to force the tenant to move out of the rental unit by other means, such as changing the locks on the door or shutting off the utilities to the rental unit (see Haw.

How do I evict someone from my house in Hawaii?

If a tenant violates any terms from the lease agreement, the landlord must give a written notice called a 10-Day Notice to Comply. This notice informs the tenant that they have 10 days to either fix their violation or vacate the property. Lease violations in a Hawaii eviction include: Damage to the rental unit.Dec 22, 2021

How long does it take to evict someone in Hawaii?

Evicting a tenant in Hawaii can take around one to four months, depending on the reason for the eviction and whether tenants file an answer and attend the hearing (read more). Introduction. Under Hawaii's law a landlord has the right to evict a tenant for a number of legal reasons.Oct 18, 2021

Can you be evicted without going to court?

To evict the tenant without going to court, you must give 'reasonable notice', either verbally or in writing. This is usually the regular period of rent payments; for example, if they pay rent monthly, the notice can be a month.Sep 27, 2021

What are squatters rights in Hawaii?

In Hawaii, squatting is illegal. All squatters can be treated like trespassers unless they produce documents detailing their right to occupy the property. Squatters or trespassers can present false or fraudulent papers to the owner or law enforcement.

What a landlord Cannot do in Hawaii?

It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons. Hawaii tenants can also not be evicted for using medical marijuana, provided they have a license and the unit is not smoke-free.Jan 6, 2022

How do I evict a squatter in Hawaii?

If you believe you have squatters on your property, the first thing you need to do is call the police. At this point you will ask the squatters to leave. If they claim squatters' rights or claim that they are a legal tenant, then you have to serve them with an eviction notice.

How do I get tenants to stop paying rent?

Here are five steps that can help landlords deal with non-paying tenants.#1 - Have a conversation with your tenant.#2 - Inform tenants of contract breach.#3 - Decide whether tenants must be issued with an interdict or a cancellation.#4 - Eviction.#5 - Issuing the eviction notice.Jul 5, 2021

Can you kick someone out without an eviction notice in Hawaii?

No. A landlord could be sued for forceful eviction of a tenant if they skip the proper eviction processes. It is against Hawaii law to not provide...

How do I evict a squatter in Hawaii?

The eviction process for a squatter is different from a regular eviction. There are still rules involved when attempting to evict a squatter.

Is there a COVID eviction moratorium in Hawaii?

Yes. A landlord should be aware of any information regarding the COVID-19 Eviction Policies because there have been some statewide changes.

What other laws should I be aware of in Hawaii?

Landlords need to check out laws on Security Deposits. One needs to learn how these deposits can protect the landlord when there is unpaid rent or...

Eviction Reasons

The first step all evictions must take is providing a notice called a Notice to Quit. There are only some states which do not require a Notice to Quit, and even then, it depends on the reason for eviction.

Filing a Complaint

The next step to a state of Hawaii eviction process is filing a legal complaint in the correct district court. Successful evictions rely on the proper filing of a complaint.

Serving the Tenant

The next step in an eviction process is serving the Summons and Complaint to the tenant. In most cases, the landlord cannot serve the documents by themselves.

Asking for Possession

To win and accomplish this step, landlords must provide a strong argument backed up by solid evidence against their tenants. Should the tenants fail to show up to the hearing, the landlords may win by default.

Getting Possession

The court will issue a Writ of Possession a few hours to a few days after the landlord wins the case. This court order informs the tenant that they have to get out of their housing on the property or else they will be forcibly removed.

Showing Evidence

If the tenant disagrees with the eviction request and they reply to the court, it’s important that you keep extremely good records of everything so you can provide sufficient proof to win the case in court. This part can make or break your entire eviction request in the event of a dispute.

Self-Help Evictions

In almost every state in the US, a landlord must never try to force a tenant to move out of the rental unit. The tenant can only be removed from a rental unit after the landlord has successfully won an eviction lawsuit. Even then, the only person authorized to remove the tenant is a sheriff or constable.

What is legal cause in Hawaii?

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 terminate the tenancy. The landlord can terminate the tenancy by giving the tenant notice.

How long does a landlord have to give notice to terminate a tenancy?

The landlord can terminate the tenancy by giving the tenant notice. Five-Day Notice to Pay Rent: If the tenant does not pay rent when it is due, the landlord can give the tenant a written five-day notice to pay rent.

How long does a tenant have to pay rent?

This notice must inform the tenant that the tenant has five days to pay rent or the landlord will terminate the tenancy. If the tenant does not pay rent within five days , then the landlord can go to court and file an eviction lawsuit against the tenant. (Haw.

How long does it take to move out of a rental unit?

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. 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.

Can a landlord force a tenant to move out of a rental?

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.

Can a landlord sell property after eviction?

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.

Can a landlord evict a tenant?

If a landlord wants a tenant to move but does not have legal cause to evict the tenant, then 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 in some cases.

What is the eviction process in Hawaii?

The Hawaii eviction process is one whereby a landlord follows statutory guidelines in removing a tenant from a leased apartment or unit, usually for nonpayment of rent or for violating a term of the lease agreement.

What happens if a tenant loses a eviction in Hawaii?

If a tenant loses a Hawaii eviction case, the tenant may file a Motion for Reconsideration with the trial court and ask the judge to stay enforcement of the Writ of Possession. The tenant would have to allege fraud or that newly discovered evidence not available at the time of trial is sufficient to overturn the ruling.

How long does it take to get a general denial in Hawaii?

Once you enter the General Denial plea in any court other than in Honolulu, the court will set a Trial Date, which may be as soon as the following business day or within 2 weeks.

What is the first court appearance?

First Court Appearance. The Summons will have a date whereby the tenant must appear in court along with the landlord, called the Answer Date. The tenant can contest the reason for the eviction or gain additional time by entering a General Denial plea without saying anything more. If the eviction is for nonpayment of rent and ...

What happens if a tenant fails to appear at the answer date?

Should the tenant fail to appear at the Answer Date or the Trial, the court will enter a Default Judgment. Similarly, if the landlord fails to appear, the court will dismiss the complaint and the landlord will have to begin the process again. If a default is entered for the landlord, the judge will issue a Writ of Possession.

What can a landlord do to a tenant?

The landlord can use the sheriff’s department or police to remove the tenant and all of his or her possessions, which will be stored at the tenant’s expense. If the reason for the eviction is for nonpayment of rent, the landlord can start a garnishment process to take a certain portion of the tenant’s wages each pay period to satisfy the judgment.

What happens if you enter a general denial plea in Honolulu?

Honolulu Proceedings. In Honolulu only, if you enter a General Denial plea, the court will enter schedule a Pre-Trial Hearing date for the following Monday. At this hearing, both you and the landlord advise the judge what witnesses or other evidence you plan to introduce at the trial.

Understanding Your Eviction Notice

If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Hawaii, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:

Talk to Your Landlord

If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court.

Comply With the Eviction Notice, If Possible

If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Hawaii, the landlord must not proceed with the eviction (see Haw. Rev. Stat.

Attend the Eviction Hearing

If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to review this paperwork carefully.

Attorneys Handling Eviction Proceedings for Hawaii Landlords

If a Hawaii residential or commercial tenant defaults under the Hawaii Rental Agreement or Hawaii Lease, or fails to timely pay his or her rent, we can begin Hawaii eviction activity, leading to the summary possession of the Hawaii residence or commercial space.

Hawaii Attorneys Protecting Your Interests In Eviction

Hire us from the start so that the eviction is done right . Too often we’re brought into an eviction when the landlord tried to handle the problem on their own, and as a result did several things that were against his or her best interest.

Contact Us Now

To set up an appointment, please complete the inquiry form with your legal issue and contact information. We’ll respond to you within a day about whether or not we’re the right Hawaii attorneys for you. Besides whether we can handle your matter, we also need to determine if we’re a good fit for each other.

Notice For Termination with Cause

• If a landlord wants to evict a tenant before the tenant's lease or rental agreement has expired, then the landlord must havelegal 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 terminate the tenanc…

See more on nolo.com

Notice For Termination Without Cause

Tenant Eviction Defenses

Removal of The Tenant

Rationale For The Rules