Tenants refusing to pay rent, breaking appliances, and going out of their way to violate property and rental agreement agreements are only some of the common problems landlords face.
Under these circumstances, you have the right to evict a tenant from your Hawaii rental property. In order for a legal eviction to take place, you must follow Hawaii eviction laws.
Keep reading to learn the individual steps of the eviction process:
Posted Notice
The first step of Hawaii eviction laws is to provide the tenant with notice. The notice must state the reason for eviction and the date the tenancy ends.
You might have to provide additional information depending on the reason for eviction. Common reasons for a Hawaii eviction include the following:
- Nonpayment of rent
- Violation of the rental agreement or lease terms
- Demolition of the rental unit
- Illegal activity
Research Hawaii tenant rights before proceeding to the next step as each eviction reason has its own rules.
Complaint Filing
Hawaii landlord laws regarding eviction state the landlord must file a complaint with the appropriate court.
The complaint gets served to the tenant by a third party by giving them a copy in person, leaving the copy with someone who resides in the unit, or posting a copy on the rental unit.
If the complaint is posted on the rental unit, you won't have to mail an additional copy of the summons and complaint.
Answer Filing
The law requires the tenant to answer the court within five to seven days after the summons.
If the tenant fails to answer, a judicial officer might issue a default judgment in favor of the landlord.
Court Hearing and Judgement
Tenants who fail to appear in the eviction hearing aren't allowed to remain in the rental unit. Hawaii has no law that addresses how quickly an eviction hearing must be held once the complaint gets filed.
Once the judge rules in favor of the landlord, the process of eviction will continue with the next step.
Writ of Possession Issuing
Hawaii tenant laws allow a writ of possession allowing the tenant to leave the rental unit and giving them the opportunity to remove belongings before an authorized person forcibly removes them.
The court will issue a writ of possession after the ruling. Once this happens, the rental agreement is deemed canceled.
Return of Property Possession
The grace period for how long the tenant has to leave will be written in the writ of possession. If the tenant remains after this period, they will be forcibly removed.
When the tenant is gone, the landlord gains back possession of the property. To avoid this issue in the future, consider using a tenant placement service.
Hawaii Eviction Laws That Keep Landlords Compliant
If you get stuck with a bad tenant, you don't have to deal with them forever. In fact, you don't even have to wait until the lease is up if you have grounds for eviction.
Hawaii eviction laws are simple to follow and can keep you within the law for the entire process.
Use what you've learned in this guide and work with a property management company to help you stay compliant. Contact us today to learn what we can do for you.
