Hawaiʻi landlord-tenant procedure is precise — the wrong notice or a defect in service can reset the clock. We serve every notice to statute and document it to survive challenge, statewide.
Eviction in Hawaiʻi follows a strict sequence: the right notice, lawful service, then a court filing. Understanding each stage is the difference between a clean possession action and a case reset by a service defect.
A notice to quit is the written demand that ends the tenancy and requires the tenant to leave. Hawaiʻi law requires a specific notice for each ground — a nonpayment notice allowing at least five business days to cure (HRS §521-68), a 10-day cure-or-quit for a lease violation (HRS §521-72), or a 45-day notice to vacate for a month-to-month tenancy (HRS §521-71). The notice must state the reason, any cure, and the date the tenancy ends. No valid notice — no eviction case.
The notice is not effective until it is properly served on the tenant. Hawaiʻi statute authorizes personal delivery, conspicuous posting at the premises combined with mailing, or certified mail — depending on the notice type. We perform the service and prepare a signed affidavit of service documenting the date, time, method, and recipient. Defective or undocumented service can void the notice and force you to restart the clock.
Once the notice period expires and the tenant has not cured or vacated, the landlord may file a complaint for summary possession in the district court of the island where the property sits. The court issues a summons, which must be served on the tenant by a process server — not the landlord. After service, the hearing is held within days; if granted, a writ of possession issues and is executed to remove a holdover tenant. We serve both the notice and the court summons, and document every step.
A summary possession action in Hawaiʻi follows a strict order. Skip a step or serve the wrong notice and the case can be delayed or dismissed. Here is the full sequence, from first notice to restored possession.
Identify the ground for termination and serve the matching notice — a nonpayment notice allowing at least five business days to cure (HRS §521-68) and informing the tenant of mediation, a 10-day cure-or-quit (HRS §521-72) for a lease violation, or a 45-day notice to vacate (HRS §521-71) for a month-to-month tenancy. The notice must state the reason, any cure required, and the date the tenancy ends.
The clock runs from proper service. Do not file before the period expires. For nonpayment, the tenant has at least five business days to cure and the landlord must wait 15 calendar days before filing; for a violation, ten days to cure; for a month-to-month termination, forty-five days. Filing early can get the case dismissed.
Before filing for summary possession for nonpayment, the landlord's notice must inform the tenant of the opportunity to mediate, and the landlord must wait at least 15 calendar days before filing. If mediation is not scheduled in that period, the landlord may file; if mediation is timely scheduled, the landlord must wait 30 calendar days to file.
Draft the complaint identifying the parties, the property, the tenancy, the notice served, and the relief sought (possession and past-due rent). Attach a copy of the notice and the affidavit of service.
File the complaint in the district court covering the island where the property sits — Honolulu (Oʻahu), Wailuku (Maui), Hilo or Kona (Hawaiʻi), Līhuʻe (Kauaʻi). Pay the filing fee and request a summons.
The court-issued summons and complaint must be served on the tenant by a process server — not by the landlord. We serve it personally or by an authorized method and document every step.
We prepare a signed, court-ready affidavit of service recording the date, time, method, and recipient. File it with the court before the hearing — proof of service is what puts the case on the calendar.
The hearing is typically scheduled within days of service. The landlord (or counsel) appears, presents the notice, proof of service, and the lease, and asks the court for an order of possession.
If granted, the court enters an order for possession. If the tenant still does not vacate, the landlord requests a writ of possession — the court's authority to have the tenant removed.
The writ is executed by a sheriff or process server — not the landlord personally — to remove a holdover tenant and restore possession. We serve and execute statewide, on every island.
Procedural reference only — not legal advice. Confirm current statute and court rules before relying on it.
Rent is owed and a statutory notice must be served before a summary possession action can be filed. We serve it to statute and document every step.
Proper notice to vacate at the end of a rental term — 45-day, 30-day, or as the agreement requires — served so the clock runs clean.
A material lease violation needing a cure-or-quit notice, served and documented to support the next filing.
The tenant remains after lawful notice. We serve the summary possession summons and complaint to move the case into court.
Hand delivery to the tenant, documented with a signed affidavit of service ready to file.
Conspicuous posting at the premises plus mailing — the statutory method for many Hawaiʻi landlord-tenant notices.
Return-receipt delivery for notices requiring documented proof of mailing to the tenant.
Court-ordered service by publication when the tenant cannot be located by ordinary means.
You provide the lease, the basis for termination, and the tenant details. We confirm the correct statutory notice and the timing it requires.
We serve or post the notice per Hawaiʻi landlord-tenant statute (HRS Chapter 521) and document every step of the service.
A signed, court-ready affidavit is prepared for each service — proof that survives challenge and supports the filing.
If the tenant holds over, we serve the summary possession summons and complaint to move the matter into district court.
Hawaiʻi's Residential Landlord-Tenant Code sets the notice type, the period, and the method of service for every eviction. We serve to these exact requirements — and document it so the notice period runs clean.
A landlord terminates a month-to-month tenancy with at least forty-five days' written notice. The tenant may vacate within the last 45 days, paying prorated rent through the move-out date.
A tenant terminates a month-to-month tenancy with at least twenty-eight days' written notice and is responsible for rent through the twenty-eighth day.
When the tenancy is less than month-to-month, either party may terminate by notifying the other at least ten days before the anticipated termination.
Before filing for nonpayment, the landlord serves a written notice allowing the tenant to cure (at least five business days) and informing them of the county mediation center. The landlord must wait at least 15 calendar days after the notice and engage in mediation if the tenant opts in before filing for summary possession.
For a breach of a rental rule or lease term, the landlord gives written notice allowing the tenant at least ten days to remedy the breach; if it continues or recurs, the landlord may bring a summary proceeding within thirty days.
Before terminating a month-to-month tenancy for voluntary demolition, condo conversion, or conversion to transient vacation rentals, the landlord gives at least 120 days' written notice.
Summary possession: Before filing for nonpayment, a landlord must give a 15-calendar-day written notice informing the tenant of the opportunity to mediate. If mediation is not scheduled during that period, the landlord may file after the 15 days; if mediation is timely scheduled, the landlord must wait 30 calendar days to file. Eviction orders must be delivered by a process server.
Statutory reference only — not legal advice. Confirm current text and any amendments before relying on it.
Hawaiʻi's Residential Landlord-Tenant Code sets exacting requirements for notice type, timing, and method of service. We serve each notice correctly the first time and back it with a signed affidavit — so your possession action isn't delayed by a service defect.
Send us the lease, the basis for termination, and the tenant details. We'll confirm the correct statutory notice and jurisdiction before we serve.
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