How much notice must my landlord give before eviction for not paying rent?

In Hawaii, landlords must provide a written 5-day notice to pay overdue rent or move out before filing for eviction in court.

Where are eviction cases for renters decided in Hawaii?

Eviction cases are handled by the Hawaii District Court, which oversees all summary possession proceedings.

Can my landlord evict me without a court order in Hawaii?

No. Hawaii law requires a court order before a landlord can evict a tenant. Self-help evictions are illegal.

What can I do if I receive a Complaint for Summary Possession?

Carefully read the complaint, consider filing an Answer form, attend your hearing, and seek legal assistance if needed.

Hawaii Eviction Process Timeline: Step-by-Step Guide

Evictions & Lease Violations Hawaii published: June 21, 2025

Navigating an eviction can be overwhelming, especially if you're a renter in Hawaii. Understanding the steps, timelines, and your rights is essential if you’ve received a notice from your landlord. This guide walks you through the entire Hawaii eviction process with clear action steps, official forms, and links to government resources.

Understanding Hawaii's Eviction Process

In Hawaii, the eviction process is regulated by the Hawaii Residential Landlord-Tenant Code. Usually, an eviction begins when a landlord issues a written notice to the tenant, and in certain cases, proceeds through the courts if the issue is not resolved.

Main Steps and Typical Timeline

Notice to Vacate: The landlord must serve the tenant with a written notice before filing an eviction lawsuit. The type of notice and required time period depend on the reason:

Failure to pay rent: 5-day notice to pay or vacate
Violation of lease terms: 10-day notice to fix (cure) or leave
Without cause (month-to-month): 45-day notice (for ending certain month-to-month tenancies)

Filing an Eviction Lawsuit (Summary Possession): If the notice period expires and you do not move out or fix the issue, your landlord may file a "Complaint for Summary Possession" in the Hawaii District Court.
Court Hearing: After being served, the tenant gets a court date (often 5-21 days after the complaint is filed) to respond and present their case.
Judgment & Writ of Possession: If the court rules for the landlord, they get a "Writ of Possession" which authorizes the sheriff to perform a physical eviction, typically several days later.

This process can move fast—sometimes within 2–8 weeks from the first notice, depending on the circumstances and court schedule.

Key Documents and Forms Used in Hawaii Evictions

5-Day Notice to Pay or Vacate
This is a written notice used when a tenant has not paid rent. It gives tenants 5 business days to pay all rent due or leave. The landlord must serve this notice to the tenant before filing any eviction action. While there is not a single statewide government form, a template and requirements are described by the Hawaii Department of Commerce and Consumer Affairs.
10-Day Notice to Cure or Vacate
For lease violations (such as unauthorized pets), landlords must provide a 10-day notice for tenants to fix the issue or move out. This must be in writing and specify the violation. More information and examples can be found on the official Landlord/Tenant resource page.
Complaint for Summary Possession (Form 1DC51)
This official form starts the eviction lawsuit in court. The landlord files it if the tenant hasn't corrected the issue after the notice expires. You can see and download the Complaint for Summary Possession (1DC51) on the Hawaii State Judiciary website.
Example: If you receive a copy of this form, it means your landlord has initiated the court process for eviction. It will indicate your court date—be sure to respond and attend.
Answer to Complaint (Form 1DC52)
As a tenant, you can file an "Answer" to the complaint to contest the eviction or explain your circumstances. Access the Answer to Complaint form (1DC52) and instructions on the State Judiciary website.
Example: If you want to dispute the eviction, fill out and file this form with the court before your hearing.
Writ of Possession (Form 1DC53)
If the court orders the eviction, a "Writ of Possession" allows law enforcement to remove you from the property if needed. You can see the Writ of Possession form (1DC53) for reference.

Each form should be carefully read and, if in doubt, consider seeking free legal assistance (see resources below).

Your Rights During the Eviction Process

The law protects tenants from illegal evictions, such as "self-help" (e.g., landlords changing locks without a court order). Even if you receive an eviction notice, you have the right to a hearing and to present your side in court. Hawaii’s District Court system oversees all residential eviction cases.

Tip: Stay in communication with your landlord and keep copies of all documents, notices, and payment records.

Important Timeframes for Hawaii Renters

Pay or Quit Notice: 5 business days to respond
Cure or Quit (Lease Violation): 10 days to correct the violation
After Complaint Served: Usually 5–21 days for your hearing date
After Writ Issued: Usually several days before removal by sheriff

Always respond promptly to notices or court filings to preserve your rights and avoid unwanted outcomes.

If You Receive an Eviction Notice: Steps to Take

Read the notice carefully. Check the dates and reason for eviction.
Contact your landlord to see if you can resolve the issue directly (for example, paying overdue rent or correcting the lease violation).
Keep a complete record of all correspondence and payments.
If you are served a Complaint for Summary Possession, review your hearing date and use the Answer to Complaint form to present your side.
Attend your court hearing to avoid a default judgment.
Consider getting help from a tenant legal aid organization or the court self-help center.

FAQ: Hawaii Eviction Timeline and Renters' Rights

How much notice must my landlord give before eviction for not paying rent?
The landlord must give a written 5-day notice to pay overdue rent or vacate before filing for eviction in court.
Can I be evicted for reasons other than unpaid rent?
Yes, lease violations or repeated issues may result in a 10-day notice to fix the problem or face eviction. Consult Hawaii’s landlord-tenant code for details.
Where are eviction cases for renters decided in Hawaii?
All eviction (summary possession) cases are handled by the Hawaii District Court.
What should I do after being served with a complaint for eviction?
Read all documents carefully, consider filing an Answer form, attend your court date, and seek legal aid if needed.
Can my landlord evict me without going to court?
No. A landlord must obtain a court order before you can be forced to move out. Self-help evictions are illegal in Hawaii.

Conclusion: Key Points for Hawaii Renters

Eviction in Hawaii follows a specific legal process—know your timeline and required forms.
Always respond promptly to notices and court documents to protect your rights.
Seek help from official court services or tenant aid organizations if you need support.

Being informed is your best defense when facing an eviction. Use the official resources and take proactive steps at every stage.

Need Help? Resources for Renters

Hawaii District Court Landlord/Tenant Self-Help – Official forms, guides, and hearing information
Hawaii Department of Commerce and Consumer Affairs – Landlord-Tenant Information
Legal Aid Society of Hawaii – Free or low-cost assistance for tenants statewide
Statewide Court Self-Help Centers: Call 808-531-2882 or find locations online