Illegal Self-Help Evictions: Hawaii Renters' Rights Guide

If you rent a home or apartment in Hawaii, it’s important to understand your protections against illegal evictions, sometimes called “self-help evictions.” Hawaii law sets out clear rules landlords must follow to remove a tenant—breaking these rules can have serious legal consequences. This guide explains what counts as a self-help eviction in Hawaii, your rights as a renter, and what to do if it happens to you.

What Is a Self-Help Eviction?

A “self-help eviction” is when a landlord tries to force a tenant out without using the proper legal process. In Hawaii, this is strictly illegal. Only a court can issue an eviction order, and law enforcement must carry it out. Common examples include:

• Changing or removing locks on your rental unit
• Shutting off utilities (water, electricity, gas) to pressure you to move out
• Removing your belongings from the property
• Threatening or harassing you to try to make you leave

Hawaii protects renters from these actions under the Hawaii Residential Landlord-Tenant Code (Haw. Rev. Stat. Chapter 521)¹. Only the courts, not your landlord, can order you to leave your home.

What Landlords Must Do to Evict Legally

If your landlord wants to evict you—for example, for nonpayment of rent or violating your lease—they must follow a legal process:

• Give you written notice with the required amount of time and details
• If you don’t remedy the issue or move out, file for eviction ("summary possession") with the court
• Wait for a court hearing and judgment
• Only after a court orders eviction, the sheriff or authorized law enforcement officer can remove you

Official Eviction Forms for Hawaii

• Complaint for Summary Possession (Form 1DC53):
  This form is used by landlords to start the legal eviction process after giving the required notice period. Renters may be served with a copy and should respond promptly. You can learn more and download this form at the Hawaii State Judiciary’s Landlord-Tenant Self-Help Center.
• Answer to Complaint for Summary Possession (Form 1DC54):
  Tenants use this form to tell the court their side of the story in an eviction case. If you receive a Complaint for Summary Possession, fill out this form and file it with your court by the deadline on your summons. Download it at the Hawaii State Judiciary Forms page.

The Hawaii State Judiciary handles all residential tenancy and eviction cases in the state.

What If My Landlord Tries a Self-Help Eviction?

If your landlord locks you out, shuts off utilities, or takes similar illegal actions, you have important legal rights. Hawaii law allows you to:

• Regain access to your rental unit
• Recover actual damages (such as hotel costs) and potentially up to two months’ rent as additional damages
• File a complaint in court against your landlord

Summary: Illegal Eviction Protections in Hawaii

Remember, your landlord cannot force you out, change locks, or cut utilities without a court order. If you believe you are facing a self-help eviction, consult the steps below and seek legal help quickly.

What Steps Should I Take If My Landlord Is Attempting an Illegal Eviction?

• Stay calm and do not confront your landlord aggressively.
• Gather evidence like photos, texts, and witness statements.
• If you’ve been locked out or threatened, consider calling local law enforcement.
• Contact a renter assistance agency (see resources below) or your local courthouse for guidance.
• You may file a claim in court against your landlord for damages.

FAQ: Hawaii Renters and Self-Help Evictions

1. What is considered an illegal or self-help eviction in Hawaii?
   Any action by your landlord to remove you from your rental (like locking you out or cutting utilities) without a court order is illegal under Hawaii law.
2. Can my landlord change my locks or turn off utilities if I haven’t paid rent?
   No, your landlord cannot change locks or cut off utilities, even if you are behind on rent. Only a court can order you to leave.
3. How do I respond if I receive a "Complaint for Summary Possession"?
   Use the official "Answer to Complaint for Summary Possession (Form 1DC54)" to share your side with the court. File it before the hearing date on your summons.
4. What damages can I recover if my landlord performs a self-help eviction?
   You may recover actual damages plus up to two months’ rent as additional damages, under Hawaii law.
5. Who handles eviction cases and complaints in Hawaii?
   The Hawaii State Judiciary oversees all residential landlord-tenant disputes and eviction proceedings.

Need Help? Resources for Renters

• Hawaii State Judiciary Landlord-Tenant Self-Help Center: Get court forms, instructions, and assistance
• Hawaii Housing Finance & Development Corporation (HHFDC): Statewide tenant and housing resources
• Legal Aid Society of Hawaii: Free legal assistance for qualifying renters
• For emergencies or safety concerns, call your local police department or 911

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. Hawaii State Judiciary – Landlord-Tenant Information
3. Hawaii Judiciary Landlord-Tenant Self-Help Center
4. Hawaii Judiciary Landlord-Tenant Forms
5. Hawaii Housing Finance & Development Corporation (HHFDC) – Tenant Resources

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