How to Delay a Sheriff Lockout by Filing an Appeal in Hawaii

If you’re renting a home or apartment in Hawaii and have recently lost an eviction case, you may worry about being locked out quickly by the sheriff. However, Hawaii law gives renters the right to appeal and, in some cases, request that the lockout (also called a writ of possession) be put on hold during this appeal process. Here’s what you need to know about pausing ("staying") a sheriff lockout through appeals in Hawaii.

Understanding the Lockout and Appeal Process in Hawaii

After a court rules in favor of the landlord in an eviction case, the landlord may ask the court for a writ of possession to regain the rental unit. This writ allows the sheriff or other authorized officer to physically remove renters who remain past eviction day. However, renters have a limited period to appeal and, if needed, ask the court to delay enforcement while the appeal is considered.

Which Tribunal Handles These Evictions?

Residential eviction cases in Hawaii are overseen by the District Court of the State of Hawaii – Landlord-Tenant Division. This is where you would file an appeal against a judgment and request a stay of lockout.

Relevant Hawaii Legislation for Renters

• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
• District Court Rules of Civil Procedure (DCRCP) – see in particular Rule 62 on stays pending appeal

The code outlines your basic protections, while the court rules cover how court judgments and appeals work in eviction cases.

How to Stay a Sheriff Lockout Through an Appeal

Here’s a summary of the practical steps a Hawaii renter should follow to delay a sheriff’s lockout while they appeal:

• Appeal Deadline: You typically have 10 days from the date the eviction judgment is entered to file your notice of appeal in the same District Court where your case was heard.
• Requesting a Stay: Filing an appeal alone does not automatically stop the lockout. You must also request a stay of the writ of possession, usually using a special court form.

• Filing the Right Forms: Ask the District Court clerk for the “Motion for Stay Pending Appeal” form (there isn’t a single statewide form, but each court provides its own or uses a written motion). You may also find related guidance in the court’s landlord-tenant FAQ.
• Bonds or Conditions: The court may require you to post a bond or make “use and occupancy” payments in order for the stay to take effect while your appeal is heard.
• Serving All Parties: After filing, make sure to provide a copy to your landlord or their attorney so everyone knows court dates and steps.

If the stay is granted, the sheriff lockout is delayed until the appeal is decided or until a further court order. This can provide needed time to resolve the situation or seek other housing.

Official Hawaii Forms and When to Use Them

• Notice of Appeal (no standard statewide form)
  When to use: File this in District Court within 10 days of the eviction judgment to begin the appeal process.
  Landlord-Tenant FAQs – Hawaii Judiciary
• Motion for Stay Pending Appeal
  When to use: Submit to the same court after filing your notice of appeal, with reasons why a stay is justified (like risk of homelessness, valid appeal arguments, or family hardship).
  District Court Landlord-Tenant Forms

Example: If you receive a judgment against you on April 3, you must file your Notice of Appeal by April 13. If you want to stop the sheriff from locking you out while your appeal is pending, submit a Motion for Stay right after or at the same time as your appeal notice.

What Happens After You Request a Stay?

The judge will review your request and may schedule a hearing. If granted, the lockout is halted while your appeal moves forward. If denied, the landlord may proceed with the sheriff lockout on the original date.

Summary of Staying a Sheriff Lockout in Hawaii

• You have a brief window to appeal—act quickly!
• File both a Notice of Appeal and a Motion for Stay if you want to delay the lockout.
• The judge decides if you must pay a bond, rent, or other costs during your appeal.

Frequently Asked Questions

1. Will filing an appeal automatically stop my lockout in Hawaii?
   No, you must also file a Motion for Stay Pending Appeal to pause enforcement of the eviction judgment.
2. How long do I have to appeal an eviction judgment in Hawaii?
   You generally have 10 calendar days from the date the judgment is entered in court.
3. Will I have to pay a bond or rent if I request a stay?
   The court may require a bond or ongoing rent payments ("use and occupancy") during your appeal as a condition for granting the stay.
4. Where do I file the appeal and stay motion?
   Both should be filed with the same Hawaii District Court that handled your eviction case.
5. What if my stay request is denied?
   If the judge denies your stay, the lockout will go ahead on the original schedule and you must vacate, even if your appeal is still pending.

Need Help? Resources for Renters

• Hawaii District Court Landlord-Tenant Division – Find court locations, forms, and process guides
• Hawaii Self-Help Centers – Free legal information and form help at courthouses
• Legal Aid Society of Hawaii – Free or low-cost legal support for tenants
• Hawaii Public Housing Authority Tenant Rights

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1. Hawaii Revised Statutes Chapter 521 – Residential Landlord-Tenant Code
2. District Court Rules of Civil Procedure (Rule 62)
3. Hawaii District Court Landlord-Tenant Division

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