Partial Rent Payments in Hawaii: Eviction Risks & Tenant Rights

Partial rent payments can be confusing for both renters and landlords in Hawaii. If you find yourself unable to pay the full rent on time, it’s important to understand how Hawaii law treats partial payments, what eviction risks you might face, and what steps you can take to protect your rights under state law.

How Hawaii Law Treats Partial Rent Payments

Hawaii law requires renters to pay the full rent by the due date stated in their lease, unless the landlord agrees to something else in writing. Paying a portion of your rent does not automatically prevent eviction if the full amount is not received.^[1]

Definition of Partial Rent Payment

A partial rent payment means you pay less than the full rent owed for the rental period. For example, if your rent is $1,500 per month and you pay $1,000 by the due date, that’s a partial payment.

What Happens If You Make a Partial Payment?

• Landlords can accept a partial payment and still proceed with an eviction for nonpayment of the remaining balance.
• Written agreements about partial payments can affect your legal standing; always get such agreements in writing.
• In most cases, if your landlord accepts a partial payment but does not issue a written waiver of the remainder, you may still receive an eviction notice.

It is important to communicate with your landlord and keep records of all payments and communications.

Eviction Risk After Partial Payments

Even if you pay a portion of your rent, Hawaii law allows your landlord to start the eviction process for the unpaid balance. However, there are rules they must follow, designed to protect renters' rights.

The Official Eviction Process in Hawaii

• Notice to Quit: The landlord must serve you a written notice—called a "Five-Day Notice to Pay or Vacate"—if you still owe rent. This gives you five days (excluding weekends and holidays) to pay the full overdue amount.
• If you pay the remaining balance within the 5 days, the landlord must stop eviction.
• If you do not pay, the landlord can file for eviction with the Hawaii District Court.

Eviction disputes in Hawaii are generally handled by the Hawaii District Court – Landlord-Tenant Division.

Relevant Forms & How to Use Them

• Five-Day Notice to Pay or Vacate (Form DC115):
  Used by landlords to demand payment of overdue rent or start eviction. As a renter, if you receive this notice, you have five days to pay the full balance or move out. View and download the official Five-Day Notice to Pay or Vacate (DC115).
• Answer to Complaint for Summary Possession (Eviction) (Form DC50):
  If your landlord files an eviction suit, you can respond using this form. This allows you to share your side with the court, such as any written agreements for partial payments. Access the official Answer to Complaint for Summary Possession (DC50) and instructions.

Use these forms as soon as you receive a notice from your landlord or the court. Always keep copies for your records.

Hawaii Tenant Protections: Key Points from State Law

Hawaii’s main rental law is the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521).^[1] Key takeaways:

• Landlords must follow required notice procedures before eviction.
• Partial payments do not always stop eviction unless the landlord waives (gives up) the right to evict in writing.
• You have a right to a court hearing before eviction can occur.

What To Do If You Can’t Pay Full Rent

• Speak to your landlord as soon as possible, preferably in writing (email or letter).
• Offer a partial payment plan and request a written agreement if accepted.
• If you receive a Five-Day Notice, act quickly—pay the full balance, negotiate, or prepare your court response.
• If you are served with a court complaint, use Form DC50 to respond and attend all hearings.
• Seek legal or housing support if you need help understanding your options.

Making partial rent payments in Hawaii can help, but always know your legal risks and obligations.

FAQs about Partial Rent Payments and Eviction in Hawaii

1. Can my landlord evict me if I only pay part of my rent?
   Yes, unless the landlord gives you a written waiver or payment plan, they may still pursue eviction for the unpaid portion under Hawaii law.
2. What notice must my landlord give before starting eviction?
   Your landlord must serve a Five-Day Notice to Pay or Vacate for overdue rent. You have five days to pay in full before an eviction is filed.
3. Do partial rent payments reset the eviction clock?
   No, unless the landlord agrees in writing to waive the balance, partial payments do not restart the eviction process.
4. How do I respond to an eviction complaint in Hawaii?
   Use Form DC50 (Answer to Complaint for Summary Possession), available on the Hawaii State Judiciary website. Attend all court hearings.
5. Can I negotiate a payment plan with my landlord?
   Yes, it is encouraged to negotiate. Any agreement should be put in writing and signed by both parties for legal protection.

Key Takeaways: What Hawaii Renters Should Know

• Partial rent payments don’t automatically protect you from eviction in Hawaii.
• You have a right to written notice and a court process before eviction can occur.
• Always get any agreements with your landlord in writing, and seek support if you need help.

If you’re facing possible eviction, act quickly and use the official forms provided by the Hawaii courts to protect your rights.

Need Help? Resources for Renters in Hawaii

• Hawaii District Court – Landlord-Tenant Division: Official forms, instructions, and process guides.
• Hawaii Public Housing Authority – Tenant Rights: Information for renters and tenants in Hawaii.
• Legal Aid Society of Hawaii: Free and low-cost legal help for renters facing eviction and housing problems.
• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521): Full text of Hawaii’s rental laws.

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)

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