Hawaii Renters: COVID-19 Eviction Protections Update

If you're renting in Hawaii and worried about eviction due to financial hardships from COVID-19, it's important to know which protections still apply. While early in the pandemic there were strong federal and state eviction bans, these rules have evolved. This article explains current renter protections, legal processes, and what steps you can take in Hawaii.

Current Status of COVID-19 Eviction Protections in Hawaii

During the COVID-19 public health emergency, Hawaii enacted emergency orders that stopped most residential evictions for nonpayment of rent. As of 2024, most special statewide COVID-19 eviction protections in Hawaii have expired. However, regular eviction laws and some local assistance remain available for tenants in need.

• The state eviction moratorium ended on August 6, 2021.
• Federal eviction protections, such as the CDC eviction moratorium, have also ended.
• However, tenants may still qualify for rental assistance and some court-based protections.

It's crucial to know your rights under Hawaii's landlord-tenant laws and to reach out early if you are threatened with eviction.

What Are Your Rights as a Renter Facing Eviction?

With the expiration of most pandemic-specific eviction bans, Hawaii renters are protected by the Hawaii Residential Landlord-Tenant Code. Your landlord must follow specific steps before evicting you for nonpayment or other lease violations.

• Landlords must give you proper written notice before starting any eviction proceeding.
• You can only be legally evicted through a court order. Your landlord cannot change the locks or remove your belongings without a formal process.
• If you receive an eviction notice, you have a right to appear in court and explain any COVID-19 related hardship.
• Rental assistance programs may still be available to help cover overdue rent.

Official Forms and How to Use Them

If you are facing eviction, the most relevant official forms in Hawaii are:

• Answer to Complaint for Summary Possession (District Court form)
  • When to use: Use this form after your landlord files an "Eviction Complaint for Summary Possession". It allows you to formally respond in writing and present your side to the court, including any COVID-19 related financial hardship.
  • How to file: Fill out and file the form with the District Court named in your eviction notice before the court date. You can download the form and find instructions on the Hawaii State Judiciary Landlord-Tenant Self-Help page.
• Motion to Set Aside Judgment (District Court form)
  • When to use: If you missed your court date or did not respond in time due to COVID-related circumstances, you may file this motion to ask the court to set aside (cancel) a default judgment for eviction.
  • How to file: Obtain the form from the official court website, fill it out, and file with the court as soon as possible.

Rental Assistance and Other Support

Although statewide eviction bans have expired, renters can still apply for rental assistance through the Hawaii Emergency Rent Assistance Program if funding is available. This provides temporary help to cover overdue rent and avoid eviction for eligible households.

How Do Eviction Proceedings Work in Hawaii?

Hawaii's summary possession (eviction) process is handled through the District Courts. Landlords must obey notice requirements and follow all steps in the legal process.

• You should receive an official written "Notice to Vacate" explaining why your landlord seeks eviction and how many days you have to move or respond.
• If you don't vacate or resolve the issue, the landlord may file an eviction lawsuit in District Court.
• You have a right to respond in writing and appear in court.
• Only the court, not your landlord, can order your removal from the property.

The tribunal handling most eviction cases is the Hawaii District Court Landlord-Tenant Division.

Key Hawaii Laws Protecting Renters

Hawaii renters’ rights are protected by the Hawaii Residential Landlord-Tenant Code, Chapter 521. This law states the requirements for notices, legal eviction causes, and court procedures for removing a tenant.

FAQs for Hawaii Renters on Eviction and COVID-19

1. Are COVID-19 eviction moratoriums still in effect in Hawaii?
   Most emergency eviction bans in Hawaii have expired, but renters still have rights under state law and may qualify for rental assistance.
2. Can my landlord evict me for nonpayment of rent?
   Yes, but only after following strict notice and court proceedings. You cannot be removed without a court order.
3. Is there still rental assistance for Hawaii renters?
   Some rental assistance may be available. Check with the Hawaii Rent Assistance Program or your county offices for current resources.
4. What if I have a pending eviction case related to COVID-19 hardship?
   You should respond to all court notices and explain your circumstances. Use the "Answer to Complaint" form and consider seeking free legal help.
5. What law protects my rights as a renter in Hawaii?
   Your main protections are in the Hawaii Residential Landlord-Tenant Code, Chapter 521.

Key Takeaways for Hawaii Renters

• Most COVID-19-specific eviction bans have ended, but regular legal procedures still apply.
• Always respond quickly to any eviction notices using the official court forms.
• Rental assistance and free legal help may be available—act early for the best chance of keeping your home.

Hawaii renters are still protected by state law, and resources exist if you need assistance.

Need Help? Resources for Renters

• Hawaii District Court Landlord-Tenant Division – Information on eviction procedures, forms, and court contacts.
• Hawaii Residential Landlord-Tenant Code, Chapter 521 – Full tenancy legislation text.
• Hawaii Emergency Rent Assistance Program – Apply for rental help if you qualify.
• Legal Aid Society of Hawaii – Free tenant legal resources and help filling out court forms.
• Hawaii Office of Consumer Protection – Landlord-Tenant Hotline for direct tenant questions.

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1. Hawaii Office of the Governor: Eviction Moratorium News Release
2. Hawaii Residential Landlord-Tenant Code, Chapter 521
3. Hawaii State Judiciary Landlord-Tenant Self-Help
4. Hawaii Emergency Rent Assistance Program

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