Hawaii's summary possession process has specific notice content requirements that mainland landlords often miss.
Hawaii's eviction process is called Summary Possession and is governed by Hawaii Revised Statutes Chapter 666. Cases are filed in District Court at the circuit level — Hawaii has only one trial court system covering the entire state, organized into circuits. Hawaii is moderately tenant-protective with detailed notice requirements and significant tenant defenses available. Uncontested cases typically take five to eight weeks.
Summary possession cases are filed in the District Court for the circuit where the property is located. Hawaii has four circuits: First (Oahu), Second (Maui, Molokai, Lanai), Third (Hawaii Island), and Fifth (Kauai). The First Circuit on Oahu handles the vast majority of the state's eviction cases.
For non-payment of rent, Hawaii requires a 5-day written notice to pay or vacate under HRS 521-68. The notice must state the amount owed and inform the tenant of their right to pay within five business days to cure the default. Hawaii's notice content requirements are specific — missing required language can render notice defective.
For material lease violations, Hawaii requires a 10-day notice to cure or vacate under HRS 521-72. For repeat violations of the same provision within six months, no cure period is required.
For month-to-month tenancies without cause, Hawaii requires 45 days written notice from the landlord and 28 days from the tenant. Deliver notices by personal service, posting and mailing, or certified mail. Document delivery thoroughly.
After the notice period expires, file a summary possession complaint in the District Court for the property's circuit. Filing fees in Hawaii are typically $155 to $215. Service is typically performed by a sheriff or process server.
The tenant must answer or appear by the return date set on the summons. Hawaii District Courts move summary possession cases on accelerated timelines, with hearings typically scheduled within 14 to 21 days of filing.
Hawaii District Court summary possession hearings follow standard civil procedure on an expedited basis. Bring your lease, the notice and proof of service, your rent ledger, and any documentation supporting the case. The judge will hear both sides and issue a ruling.
If you prevail, the writ of possession issues after a brief stay period. Tenants in Hawaii can request a stay for hardship and have appeal rights to the Circuit Court.
The City and County of Honolulu encompasses the entire island of Oahu and is Hawaii's most populous county. All eviction cases for properties on Oahu are filed in the District Court of the First Circuit in Honolulu. Honolulu's rental market is among the most expensive in the country, with consistently high eviction case volumes. Court schedules can be backed up, particularly for contested cases.
Maui County includes the islands of Maui, Molokai, and Lanai. Eviction cases for properties in Maui County go to the District Court of the Second Circuit, with locations on each major island. Maui County's rental market includes both year-round residential rentals and properties affected by short-term rental regulations. For detailed landlord-tenant law specific to each county — including court locations, circuit information, and procedural variations — see Honolulu County landlord-tenant law and Maui County landlord-tenant law.
Hawaii's summary possession procedure includes notice content requirements that are commonly missed by mainland-based landlords or property managers. The state's unique court system structure and inter-island logistics also add considerations not found elsewhere. See the full Hawaii landlord-tenant law guide for notice templates, security deposit rules, and county-specific information.
Once the writ of possession is issued, the sheriff or constable executes the writ. Execution timing varies by circuit but typically occurs within 7 to 14 days. Be present with a locksmith. Document everything with photographs.
Hawaii law (HRS 521-56) provides specific procedures for handling tenant property left behind after eviction. You must store the property for at least 15 days and provide notice to the tenant before disposal. Improper disposal can result in liability.