The state of Hawaii handles evictions through the District Court where the property is located.

Landlord will need to deliver the appropriate notice to the tenant based on the reason for the eviction. Different timeframes apply depending on the circumstances . Notices range from 5 days to 45 days. Keep in mind that notices are based on “business days”, so do not count weekends and State Holidays, or the judge may deny your claim due to improper notice.

Once proper time has passed since notice was given, the landlord can file a lawsuit. This can be done by the landlord (Pro Se) or can be done with the assistance of an attorney. When filing the lawsuit, a copy of the notice along with a copy of the lease and any supporting documents (lease violations, citations from government agencies, etc.) should be attached to the complaint filed in court.

The first court date will likely be remote (via Zoom). Landlord, tenant or both may appear in person if they wish. At this hearing, the judge will allow the tenant to respond to the lawsuit. They will basically be given 2 choices. First, they can agree to the landlord’s claims, and agree to move out. The judge will listen to both sides, then come up with a date the tenant needs to move out. Second choice would be to deny one or all of the claims made by the landlord. If this is the case, the judge will order both parties to mediation, and will refer the defendant to legal aid. A follow-up court date will be set (commonly referred to as a status conference). The status conference is usually set a month or more out to allow for both parties to contact the contracted organization to conduct a mediation session (varies by county). If the tenant (defendant) was properly served and does not show up to court, the judge can rule in favor of the landlord. This is called a “default judgement”. Landlord will then prepare a writ for the judge to sign. This writ will allow an authorized process server or a State Sheriff Deputy to remove the tenant and their belongings from the property.

Second court date (status conference) is usually via Zoom. As with any of the hearings, any or all parties may elect to appear in person. At this court date, the judge will hear from both sides and determine if more time will be given for the parties to work things out, or a trial date will be set where both parties will appear in court with their evidence, witnesses (if applicable) and other pertinent information. When setting trial date, the judge will advise both parties of important dates where they need to exchange exhibits and have their documents in order for trial.

Trial date is when both parties will usually be required to physically appear in court. Witnesses and all exhibits need to be in court that day, or the judge may not consider the evidence. Both sides will have an opportunity to ask questions in open court and prove their case to the judge. The trial will usually be fairly quick, likely lasting less than an hour. The judge will make a ruling once both parties conclude presenting their case.

Damages hearing is usually held after the writ is executed and the tenant is removed from the property. This is an opportunity for the judge to consider the landlord’s evidence should there be damage to the property or any other major expenses incurred by the landlord.

The entire process from start to finish could be as short as a few weeks, though could last a few months. (Possibly longer in rare cases).

We have 30+ years in the business. Feel free to contact us to discuss your situation.