What You Should Know About Hawaii Eviction Laws
Under Hawaii's law, landlords have every right to evict a tenant for some legal reasons. All landlords must abide by specific procedures and rules before evicting any tenant in Hawaii, and if not, the eviction becomes invalid.
As a tenant, you should know all about to prevent injustice. Also, you should know the proper steps to take if it occurs. To get the needed help concerning any issues with your landlord in Hawaii, DoNotPay can guide you.
Here, you'll learn about the basic rules and procedures all landlords must keep before evicting any tenant in Hawaii and more.
How Can You Evict a Tenant in Hawaii?
What reasons can landlords evict tenants under Hawaii eviction laws?
Landlords can for the following reasons:
- Non-payment of rent
- Illegal use of property, waste, or failure to take care of the premises
- Improper use/insubordination with the lease agreement
- The tenant continues to live in the building after the tenancy period without getting the landlord's approval
What Notice Do Hawaii Eviction Laws Require That Landlords Provide Tenants before Starting the Eviction Process?
- A 5-day notice must be given to the tenant by the landlord if the eviction is because of non-payment of rent before starting the eviction process in Hawaii.
- If the eviction is because of unlawful use of rental property, waste, or failure to maintain the premises, landlords must give a 10-day notice to the tenant and the chance to rectify the problem. But, if the violation is the type that can cause irreparable damage, the landlord will not provide more time to correct the violation.
- For evictions based on the grounds of violation of the lease or inappropriate use, the landlord must give a 10-day notice to the tenant and the chance to solve the contravention.
- If the eviction is due to holdover tenancy, the landlord must give a 45-day notice to end the occupancy.
Can Hawaii Eviction Laws Permit Landlords to Employ “Self-Help Eviction” Techniques like Locking a Tenant Out of the Property or Shutting off the Utilities?
No. Based on Hawaii law, landlords are forbidden from applying self-help eviction methods. Any landlord that violates this law has to offer 2-months' rent or 2-months free occupancy.
What Does the Eviction Process Look Like in Hawaii?
Based on Hawaii eviction laws, the first crucial stage of the eviction process could be split down into five stages:
- Tenant must receive a Hawaii eviction notice
- A Landlord files eviction claims in court
- The summons and complaint copy must be served to the tenant
- Tenant answers to the complaint
- Court renders decisions according to the merits of the complaint and response
A landlord must undergo the steps above to lawfully carry out the eviction process. Now, Let's delve into these five steps.
|Serve the eviction notice||Landlords must give the proper eviction notice to the tenant stating the landlord's intent for the eviction. Also, it must specify the eviction commencement date, reason for the removal, and the time frame that the tenant should remedy the violation if any. After the landlord serves the notice to the tenant, the tenant can post it at a prominent place on the premises.|
|Landlord files the complaint||In Hawaii, the landlord formally starts the eviction process by filing a complaint in the county district court where the property is located. A copy of the eviction notice and lease must follow the complaint given to the tenant. Also, the landlord must file a Summons notifying the tenant of the eviction action, including the time and hearing date.|
|Serve the tenant||The landlord should guarantee that the tenant is lawfully served with the complaint and summons to notify the tenant officially. The tenant has to respond to the complaint within five days.|
|File for a default judgment or go for the hearing||If the tenant doesn't respond to the complaint within the given time limit, the landlord can ask for a default judgment against the tenant. But, if the tenant responded to the complaint, they can appear in court on the fixed date and present their case. After hearing both sides, the judge will rule on it.|
|File a writ of possession||If the tenant doesn't respond and the landlord wins the case, the landlord can prepare a writ of possession. That will give law enforcement officers the right to remove the tenant and their belongings from the apartment physically. After that, the landlord can give the writ of the agreement to the sheriff to serve the tenant.|
How Long Can Eviction Process Take in Hawaii?
The eviction process in Hawaii could take a couple of days to a couple of months. The eviction duration process, from when the tenant collects an eviction notice to collecting a court order, depends on whether the tenant shows up and takes part in the proceedings. If the tenant didn't appear in court for the proceedings even after receiving appropriate tenant notice, the court could provide a writ of possession within a few days. But if the tenant rejects eviction and desires a court defense, the court will need enough time to decide. The process could span across weeks or months.
How Do You Fight Wrongful Eviction in Hawaii on Your Own?
If the landlord has just and valid reasons to enforce the eviction, the only remedy for the tenant is to rectify the violation. For instance, in eviction cases caused by non-payment of rent, the tenant will have to pay rent to avoid eviction.
On the other hand, tenants can raise the defense of "retaliatory eviction" in cases where the landlord takes advantage of the eviction process to get back at tenants who seek to enforce their rights as tenants. For example, suppose the landlord committed a housing code violation or fails to maintain the premises, and the tenant complains or reports this to the appropriate authority. In that case, a landlord cannot retaliate against the tenant by commencing eviction proceedings.
How Can You Stop Landlord Eviction with the Help Of DoNotPay
Tenants should know their eviction rights in Hawaii to avoid any injustice, while landlords should comply with the laws so they can enforce their rental agreement without violating anyone's rights.
DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:
- Get back your security deposits
- Learn about your state's eviction laws and what protections apply in your case
- Resolve disputes regarding repairs with your landlord
- Resolve disputes with roommates by filing demand letters or going through small claims court
- Break your lease early
How to Break a Lease in Hawaii Using DoNotPay
How to break a lease in Hawaii using DoNotPay:
If you want to break a lease in Hawaii] but don't know where to start, DoNotPay has you covered in 4 easy steps:
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.
And that's it! You should hear back from your landlord directly once your demands are sent.
Why Use DoNotPAy for Hawaii Eviction Laws
Eviction takes a toll on you and your family. Don’t let abusive landlords harass you into homelessness. Choose DoNotPay to resolve cases involving Hawaii Eviction Laws because we are:
Fast- You don’t have to spend too much time looking fora lawyer who will help you with Hawaii Eviction Laws.
Easy- You don’t have to fill out tedious forms to file a complaint against a landlord who is in violation of Hawaii eviction laws, all you have to follow are the four steps above and we take care of the rest.
Successful- You can rest assured that we make the best case for you and ensure you get the best representation possible.
What Else Can DoNotPay Do?
Besides helping you file disputes with your landlord, DoNotPay can assist you with the following:
- Small claims court
- Standardized legal documents
- Notarize any document
- Freedom of information act
- Missing money
If you want to file a complaint against your landlord but don't know how to go about it, contact DoNotPay!