Hawaii eviction laws
Notices, deadlines, court and tenant rights in Hawaii — in plain English.
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Overview
- The court case
- Summary possession (landlord-tenant)
- Court
- District Court of the circuit where the property is located
- Main laws
- Residential Landlord-Tenant Code, HRS chapter 521 (nonpayment: 521-68; termination of periodic tenancy: 521-71; breach: 521-72); summary possession, HRS chapter 666
Just-cause protection
No statewide law
Hawaii has no statewide just-cause eviction law. A month-to-month tenancy can be ended without a reason by the landlord giving at least 45 days' written notice. Retaliatory evictions are prohibited (HRS 521-74). (HRS 521-71; 521-74)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — Five-Day Notice (Demand for Rent / Notice of Termination for Nonpayment)
The landlord must give a written notice demanding the rent and stating that the rental agreement will end unless payment is made within at least 5 business days after the tenant receives the notice. If the tenant pays in full within that time, the tenancy continues.
Five-Day Notice (Demand for Rent / Notice of Termination for Nonpayment)
- Notice period
- 5 business days
- Counting
- At least 5 business days (weekends and state holidays not counted) after the tenant RECEIVES the notice; do not count the day of receipt.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant names and unit address
- Demand for payment of the rent due (amount)
- Statement that unless payment is made within the stated time (not less than 5 business days after receipt), the rental agreement will be terminated
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Certified mail (return receipt); First-class mail. The statute requires written notice received by the tenant. Hand delivery is safest; if mailed, the period runs from actual receipt, so allow extra time and keep proof.
- Law
- HRS 521-68(a)
- Double-check with the court: HRS chapter 521 does not list specific delivery methods for this notice; personal delivery with a signed receipt or a witness avoids disputes about when it was received.
- Temporary pandemic-era rules (Act 57 of 2021, 15-day notice plus mediation) have expired.
The tenant broke the lease or rules — Ten-Day Notice to Remedy Breach
For a breach of the rental agreement or house rules, the landlord gives a written notice describing the breach and allowing at least 10 days to fix it. If the breach continues or recurs after that date, the landlord may file for summary possession within 30 days.
Ten-Day Notice to Remedy Breach
- Notice period
- 10 days
- Counting
- At least 10 calendar days after the notice; do not count the day of delivery.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant names and unit address
- Specific description of the breach
- The time (not less than 10 days) within which the tenant must remedy the breach
- Statement that the landlord may bring a summary possession action if the breach continues or recurs
- How to serve
- Hand it to the tenant in person; Certified mail (return receipt); First-class mail. Hand delivery is safest; keep proof of delivery.
- Law
- HRS 521-72(a), (b)
- The landlord must file within 30 days after the breach continues or recurs; waiting longer may require a new notice.
The lease ended and the tenant stayed — no notice required
A fixed-term lease ends on its end date. If the tenant stays without the landlord's consent, the landlord may file for summary possession. If the landlord accepts rent after the end date, the tenancy usually becomes month-to-month and a 45-day notice is then required.
- Double-check with the court: Check the lease for automatic conversion to month-to-month or a notice-of-non-renewal requirement. Many practitioners send a written notice before the lease ends.
Ending a month-to-month tenancy (no fault) — Notice of Termination of Month-to-Month Tenancy (45-Day Notice)
The landlord may end a month-to-month tenancy with at least 45 days' written notice (the tenant must give 28 days). Tenancies shorter than month-to-month need at least 10 days' notice. If the unit will be demolished or converted (condominium, vacation rental, etc.), at least 120 days' notice is required.
Notice of Termination of Month-to-Month Tenancy (45-Day Notice)
- Notice period
- 45 days (week-to-week: 10 days, month-to-month: 45 days)
- Longer notice
- 120 days if the landlord is ending the tenancy to demolish the building or convert it to a condominium, vacation rental or other use
- Counting
- At least 45 calendar days (10 days for tenancies shorter than month-to-month) before the termination date; do not count the day of delivery.
- Tenant can fix it?
- No
- Must include
- Tenant names and unit address
- Statement that the tenancy will terminate
- Anticipated termination date at least 45 days after notice
- How to serve
- Hand it to the tenant in person; Certified mail (return receipt); First-class mail. Written notice; hand delivery is safest.
- Law
- HRS 521-71(a), (b), (d)
Illegal activity, violence or serious damage — Notice of Termination (Breach Causing or Threatening Harm)
No time to remedy is required when the tenant's breach causes or threatens to cause damage to any person, or involves illegal use of the unit such as drug activity or other conduct listed in HRS 521-51(1) or (6). The landlord may give written notice terminating the tenancy and file for summary possession.
Notice of Termination (Breach Causing or Threatening Harm)
- Notice period
- No fixed period
- Counting
- No cure period is required; termination is effective on the date stated in the notice.
- Tenant can fix it?
- No
- Must include
- Tenant names and unit address
- Specific description of the breach and the harm caused or threatened
- Statement that the rental agreement is terminated and the tenant must vacate
- How to serve
- Hand it to the tenant in person; Certified mail (return receipt); First-class mail. Hand delivery strongly recommended.
- Law
- HRS 521-72(c)
- Double-check with the court: The statute removes the cure period but does not set a minimum notice period; giving at least a short written notice to vacate before filing is prudent.
How a tenant responds
The summons sets a 'return date' hearing in District Court. The tenant must appear at that hearing; the tenant may answer orally at the hearing or file a written answer. If the tenant disputes the case, the court sets a trial date and may order rent to be paid into court. A tenant who does not appear can lose by default.
Deadline: at the hearing (no fixed written-answer deadline) · HRS 666-8 to 666-11; Hawaii District Court Rules of Civil Procedure
City and local rules
- Maui: emergency proclamations after the 2023 wildfires temporarily restricted evictions; these have ended. VERIFY no active emergency proclamation limits evictions in the affected area before serving a notice.
Official court forms
Landlords
- 1DC08 — Complaint (Assumpsit, Summary Possession/Landlord-Tenant, Damages); Declaration; Exhibit(s); Summons
- 1DC (Act 278) — Complaint – Residential Summary Possession (Non-Payment of Rent Only)
- 3DC08 — Complaint (Summary Possession/Landlord-Tenant; Damages); Summons
- 1DC (Act 278) — Mediation Notice
Sources
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.