Evicting a Roommate Not on the Lease in Hawaii: Legal Steps

Living with a roommate can be practical, but when conflicts arise—especially with someone not named on your lease—it can get complicated. If you're a renter in Hawaii seeking to remove a roommate who isn't officially on your rental agreement, this guide covers what you can do, the legal steps, and resources available to help you.

Understanding the Situation: Roommates Not on the Lease

Roommates who are not on the lease—often called "occupants" or "guests"—do not have the same legal rights as tenants listed in the rental agreement. In Hawaii, only those listed on the lease are formal tenants; others are considered subtenants or guests depending on their agreement with you and the landlord. However, removing an unwanted roommate still requires following the law, especially if they've established residency (e.g., receive mail, pay rent, or have been there for some time).

What Does Hawaii Law Say?

Hawaii's landlord-tenant laws are outlined in the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)^[1]. While the law mainly covers landlords and tenants, these rules also affect how you must address conflicts with roommates.

Key Considerations

• If your roommate is not on the lease, you are likely their "landlord." You'll need to follow eviction rules similar to those used by property owners.
• Self-help measures, like changing the locks or throwing out belongings, are illegal in Hawaii.
• You may need to file for eviction through your local District Court if your roommate will not leave voluntarily.

How to Legally Remove a Roommate Not on the Lease in Hawaii

Removing a non-lease roommate is a legal process. Here’s a summary of what to expect, with steps and forms referenced.

Step 1: Ask Your Roommate to Leave Voluntarily

Before starting formal proceedings, communicate clearly and respectfully. Explain the reason and give a reasonable deadline for them to move out. Document your request in writing (email or text).

Step 2: Serve a Written Notice

• If the roommate refuses to leave, provide a Written Notice to Quit. This acts like a formal eviction notice, asking them to move out by a certain date—typically 5–45 days, based on the circumstances.
• There’s no official Hawaii government template for this, but it should include: roommate’s name, address, move-out deadline, your signature, and the date served.

Step 3: File for Summary Possession (Eviction) with the Court

• If the roommate still won’t vacate, you'll need to file for eviction through your local Hawaii District Court^[2].
• The process is called “Summary Possession.”

Relevant Official Form: Complaint for Summary Possession (Hawaii District Courts)

• Form Name: Complaint for Summary Possession (LT-1)
• When & How Used: File this with your local District Court after serving a written notice. You become the "plaintiff" and your roommate the "defendant." If they do not respond or appear for the hearing, the court may grant you a Writ of Possession (an order to remove them).

After Filing

• The court schedules a hearing with both parties.
• If the court rules in your favor, they'll issue a Writ of Possession. Only law enforcement can enforce this writ.
• You cannot force your roommate out yourself; let law enforcement handle any removal.

Landlord Permission and Lease Provisions

If your lease prohibits subletting or having additional occupants, inform your landlord before starting the eviction process. They may want to handle the matter as an official party, especially if the roommate is in violation of your lease terms.

What is the Residential Landlord-Tenant Branch in Hawaii?

The body responsible for residential tenancy matters is the Hawaii Residential Landlord-Tenant Branch. For evictions and court filings, contact the Hawaii District Courts – Landlord-Tenant Division.

FAQ: Removing a Roommate Not on the Lease (Hawaii)

1. Can I just change the locks or move my roommate's things out?
   No. Hawaii law prohibits "self-help" evictions, which include changing locks or removing someone’s belongings without a court order.
2. Do I need landlord approval to remove a roommate?
   If your roommate is not on the lease and your rental agreement restricts subletting or extra occupants, it’s wise (and sometimes required) to inform your landlord first.
3. What forms are needed to evict a roommate?
   You must serve a written notice first. If they refuse to leave, use the Complaint for Summary Possession (LT-1) to start formal eviction with the court.
4. How long does the court eviction process take?
   Summary possession cases may take several weeks, depending on court backlogs and whether your roommate contests the eviction.
5. Does my roommate have any rights as an occupant?
   While they lack tenant rights under the lease, your roommate is protected from unlawful eviction, harassment, and unsafe living conditions under Hawaii law.

Conclusion: Key Takeaways

• Roommates not on your lease do not have the same protections as tenants but can only be removed using legal procedures in Hawaii.
• You must give written notice and, if necessary, file a court complaint for summary possession to evict an unwilling roommate.
• Never use "self-help" eviction methods—always involve the court and law enforcement for any removals.

Following these procedures helps protect your rights and ensures you stay compliant with Hawaii law as a renter.

Need Help? Resources for Renters

• Hawaii Residential Landlord-Tenant Branch – Information and guidance for both landlords and tenants
• Hawaii District Court – Landlord-Tenant Resources – Forms and filing guides
• Legal Aid Society of Hawaii – Free or low-cost legal support for renters
• Hawaii Landlord-Tenant Handbook – Comprehensive rights and responsibilities overview

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. Hawaii District Court – Landlord-Tenant Disputes

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