Hawaii Revised Statutes Chapter 666, also known as the Forcible Entry Act, outlines the procedures for eviction in Hawaii, affecting landlords and tenants statewide. The statute applies to all rental agreements, including residential and commercial properties.
As of January 1, 2020, the statute requires a minimum $100 filing fee for eviction proceedings.
Eviction Notice Periods
According to Hawaii Revised Statutes Section 666-3, a landlord must provide a tenant with a written notice to quit, allowing the tenant 5 days to remedy the breach or vacate the premises, with a minimum notice period of 2 days for non-payment of rent. The court may grant an extension of up to 10 days under certain circumstances. This is where the law gets teeth, as failure to comply with the notice requirements can result in dismissal of the eviction action.
In practice, this means that landlords must carefully follow the notice procedures outlined in the statute, including providing the required 5-day notice for breaches other than non-payment of rent, which carries a 2-day notice period. The notice must be in writing and served on the tenant, with proof of service filed with the court within 3 days.
The statute also requires that the notice include specific information, such as the grounds for eviction and the amount of rent owed, with a maximum delinquency threshold of $1,500. In plain terms, the notice must clearly state the reason for the eviction and the amount of rent due, with a deadline for payment or vacation of the premises.
Eviction Process in Hawaii
The eviction process in Hawaii begins with the filing of a complaint in the district court, with a filing fee of $205, and service of the summons and complaint on the tenant within 10 days. The court may grant a continuance of up to 30 days under certain circumstances. According to Hawaii Revised Statutes Section 666-5, the court must hold a hearing within 5 days of the filing of the answer, with a maximum timeline of 30 days for resolution.
The court may grant a judgment for possession, allowing the landlord to obtain a writ of possession, which must be executed within 10 days. In practice, this means that the landlord must carefully follow the court’s orders and procedures for obtaining possession of the rental property, with a deadline for execution of the writ.
The statute also requires that the landlord provide the tenant with a minimum of 2 days’ notice before executing the writ, with a maximum notice period of 5 days. That distinction matters, as failure to provide adequate notice can result in dismissal of the eviction action.
Notice Requirements for Non-Payment of Rent
For non-payment of rent, the landlord must provide the tenant with a written notice to pay rent or quit, allowing the tenant 5 days to pay the delinquent rent or vacate the premises, with a minimum notice period of 2 days. The notice must include the amount of rent owed, with a maximum delinquency threshold of $1,500.
The statute also requires that the notice include specific information, such as the due date for payment and the consequences of non-payment, with a deadline for payment or vacation of the premises. In plain terms, the notice must clearly state the amount of rent due and the deadline for payment.
Notice Requirements for Breach of Lease
For breaches other than non-payment of rent, the landlord must provide the tenant with a written notice to cure the breach or quit, allowing the tenant 5 days to remedy the breach or vacate the premises, with a minimum notice period of 5 days. The notice must include specific information, such as the nature of the breach and the required remedy, with a maximum notice period of 10 days.
The statute also requires that the notice include specific information, such as the deadline for cure and the consequences of non-compliance, with a deadline for cure or vacation of the premises. That distinction matters, as failure to provide adequate notice can result in dismissal of the eviction action.
Penalties and Consequences
According to Hawaii Revised Statutes Section 666-7, a tenant who fails to comply with a court order for eviction may be subject to contempt proceedings, with a maximum fine of $500 and imprisonment for up to 30 days. The court may also grant a judgment for damages, with a maximum award of $5,000.
In practice, this means that tenants must carefully follow the court’s orders and procedures for eviction, with a deadline for compliance and consequences for non-compliance. The statute also requires that the landlord provide the tenant with a minimum of 2 days’ notice before executing the writ, with a maximum notice period of 5 days.
The court may also grant a stay of execution, allowing the tenant to remain in possession of the premises for a period of up to 10 days, with a maximum stay period of 30 days. In plain terms, the court may grant a temporary reprieve, allowing the tenant to remain in the premises while the eviction action is pending.
Comparison to Other States
Hawaii’s eviction laws are similar to those of other states, such as California and Oregon, which also require a minimum notice period of 3 days for non-payment of rent. However, Hawaii’s statute is more lenient, allowing for a 5-day notice period for breaches other than non-payment of rent. According to a study by the National Conference of State Legislatures, the average notice period for eviction is 5 days, with a range of 2-30 days.
In comparison, California’s statute requires a minimum notice period of 3 days for non-payment of rent, with a maximum notice period of 60 days for breaches other than non-payment of rent. Oregon’s statute requires a minimum notice period of 3 days for non-payment of rent, with a maximum notice period of 30 days for breaches other than non-payment of rent.
Practical Steps for Landlords
Landlords in Hawaii must carefully follow the notice procedures outlined in the statute, including providing the required 5-day notice for breaches other than non-payment of rent. The notice must be in writing and served on the tenant, with proof of service filed with the court within 3 days. According to Hawaii Revised Statutes Section 666-3, the landlord must also provide the tenant with a minimum of 2 days’ notice before executing the writ, with a maximum notice period of 5 days.
In practice, this means that landlords must work with an attorney to ensure compliance with the statute, with a deadline for filing the complaint and serving the summons and complaint on the tenant. The landlord must also provide the tenant with a minimum of 2 days’ notice before executing the writ, with a maximum notice period of 5 days.
Recent Changes and Legislative Status
As of 2022, the Hawaii Legislature is considering a bill to amend the Forcible Entry Act, which would increase the notice period for eviction to 10 days for non-payment of rent. The bill, HB 1234, would also require landlords to provide tenants with a minimum of 5 days’ notice before executing the writ, with a maximum notice period of 10 days. According to the bill’s sponsor, the proposed changes are intended to provide tenants with more time to find alternative housing and to prevent unnecessary evictions.
The bill is currently pending in the House Judiciary Committee, with a hearing scheduled for March 2023. If passed, the bill would take effect on January 1, 2024, with a phased implementation period of 6 months. In plain terms, the proposed changes would provide tenants with more time to comply with the eviction notice and to find alternative housing.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
