Mobile Home Eviction Protections in Hawaii: What Owners Need to Know

Living in a mobile or manufactured home community in Hawaii brings unique protections and responsibilities, especially regarding eviction. Understanding your rights as a mobile home owner can help you respond confidently if you ever face an eviction notice from a park owner or landlord. Hawaii law sets out clear rules and procedures meant to protect residents while allowing fair procedures for property owners.

Eviction Rights for Mobile Home Owners in Hawaii

Mobile home owners renting a lot in a community are protected under Hawaii's landlord-tenant laws, but with some special provisions due to the unique nature of manufactured housing. The main law that covers these rights is the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)^[1]. This also incorporates mobile home specific provisions.

Grounds for Eviction

Your landlord or park owner may only evict you from a mobile home lot for specific legal reasons, including:

• Not paying rent on time
• Repeated violations of park rules
• Failure to maintain your home in a safe condition
• Illegal activity on the property
• End of the rental agreement (provided proper notice is given)

Required Eviction Process

• Written Notice: Your landlord must give you written notice before starting any eviction process. The amount of notice depends on the reason:
  • For nonpayment of rent: At least 5 days' written notice.
  • For lease or rule violations: At least 10 days' written notice to correct the problem.
• Court Action: If you don’t pay the rent or fix the violation within the time given, the landlord can file an eviction action in court.
• Right to Defend: You have the right to present your case in court before being evicted.

If the landlord wins the eviction case, they must obtain a court order before you can be removed from the property.

Hawaii Official Forms for Eviction

Evictions are handled through the Hawaii State Judiciary system. Key forms include:

• Complaint for Summary Possession (Form DC-CIV-01): Used by landlords to start the legal eviction process. If you receive notice referring to this form, it means court proceedings have started.
  Official form: Complaint for Summary Possession (DC-CIV-01)
• Answer to Complaint for Summary Possession (Form DC-CIV-07): As a mobile home owner, use this form to respond to the eviction lawsuit. It's crucial to file this before your court date to explain your side to the judge.
  Official form: Answer to Complaint for Summary Possession (DC-CIV-07)

Steps to Take If You Receive an Eviction Notice

• Read the notice carefully. Note the deadline and the reason stated.
• If you believe the notice is wrong, gather evidence (receipts, communications, witness statements).
• Contact a local legal service for advice.
• If the landlord files a complaint in court, use the “Answer” form mentioned above to respond before your court date.
• Attend your court hearing—the judge will hear both sides before making a final decision.

No self-help evictions are allowed in Hawaii; landlords cannot cut off utilities or remove your home without a court order^[1].

Understanding the Tribunal: Hawaii District Court

Eviction cases are handled by the Hawaii District Court – Landlord-Tenant Division. This is the official authority for resolving landlord-tenant disputes, including mobile home evictions.

Summary of Key Protections

• You must receive proper written notice before eviction.
• You have a right to a court hearing and to present your defense.
• The landlord must follow specific legal procedures—otherwise, the eviction may be dismissed.

Always keep important documents relating to your lease, communications, and payments in case you need them in court.

FAQ: Hawaii Mobile Home Eviction Protections

1. How much notice must a landlord give for eviction in a Hawaii mobile home park?
   For nonpayment of rent, at least 5 days' written notice is required. For other violations, 10 days' notice is typically required. Read your notice carefully for the exact timeline.
   
2. Can a landlord evict me without going to court?
   No, self-help evictions are illegal in Hawaii. A landlord must obtain a court order before anyone can be required to leave.
   
3. What should I do if I receive a Complaint for Summary Possession?
   Immediately file an Answer to the Complaint and attend the court hearing. Missing deadlines may cause the court to rule against you by default.
   
4. Are there special protections for mobile home owners versus regular renters?
   Mobile home owners in parks are protected under Hawaii’s landlord-tenant laws, but some rules—like required notice periods—are especially important because of the unique nature of mobile homes.
   
5. Where can I get help if I can't afford an attorney?
   You may qualify for assistance from legal aid societies or state-run housing counseling services. See resources below.
   

Need Help? Resources for Renters

• Hawaii District Court Landlord-Tenant Division (official tribunal for eviction cases)
• Hawaii Judiciary Landlord-Tenant Self-Help Center (forms, guides, and court info)
• Legal Aid Society of Hawaii – Tenant Rights (free legal help for qualifying renters)
• Hawaii Housing Finance & Development Corporation – Affordable Housing Resources

---

1. [1] Hawaii Residential Landlord-Tenant Code (HRS Chapter 521): Read the full statute
2. Hawaii District Court Forms: Landlord-Tenant Court Forms and Information

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations