Prepare your documents for Eviction in Hawaii

Before starting an eviction case for non-payment of rent, the landlord must serve the tenant with a 10-calendar-day Notice to Pay Rent or Quit. This notice informs the tenant of the amount due and gives them a final opportunity to pay or move out. In addition, a copy of this notice must also be sent to a designated mediation center, which is part of Hawaiʻi’s eviction prevention requirements.

Yes, in many residential eviction cases, mediation is required. After the notice is issued, the mediation center may contact both parties to attempt a resolution. If mediation is scheduled, the landlord must generally wait until the process is completed or the tenant declines participation before proceeding to court.

A landlord can usually file the eviction case after:

• 10 days, if the tenant does not pay and no mediation is initiated, or
• After mediation is completed or declined, if the case is referred to mediation.

Filing too early can result in delays or dismissal of the case.

The main form used in Hawaiʻi is the Complaint for Summary Possession and Damages (Form 1DCO8). This form allows the landlord to request both:

• Return of possession of the property, and
• Recovery of unpaid rent or damages

Supporting documents such as the lease agreement and notice must be attached.

Yes. Every tenant named in the lease must be individually served with the summons and complaint. Proper service is required for the court to move forward with the case. If even one tenant is not properly served, the case may be delayed or dismissed.

No. In Hawaiʻi, landlords are not allowed to serve eviction documents themselves. Service must be completed by an authorized third party such as a sheriff, process server, or another legally permitted individual. Proof of service must be filed with the court.

If the tenant does not file a response or fails to appear at the hearing, the landlord may request a default judgment. This allows the court to rule in favor of the landlord based on the evidence provided, including possession of the property and any unpaid rent.

Eviction hearings in Hawaiʻi are generally scheduled on a fast-track basis, often within a few days to a couple of weeks after the complaint is filed and served. The exact timing depends on the court’s schedule and proper completion of service.

Yes. A landlord can include both possession of the property and monetary claims in the same eviction case. This may include unpaid rent, late fees (if allowed in the lease), and compensation for property damage beyond normal wear and tear.

If the tenant does not vacate after a judgment is issued, the landlord must request a Writ of Possession from the court. This writ authorizes the sheriff to physically remove the tenant and return legal possession of the property to the landlord.