FAQs

No. We represent landlords and property owners in eviction, legal enforcement, and property-related disputes of varying shapes and sizes. This focus allows us to provide dedicated representation to landlords and owners and maintain clarify regarding client interests. Tenants seeking assistance may wish to consult local legal aid or tenancy advocacy resources if available.

A landlord’s rights and remedies in residential evictions matters are primarily governed by Hawaii Revised Statute (“HRS”) Chapters 521 and 666.

Provisions relating to nonpayment of rent and summary possession (eviction) are addressed within those chapters, including HRS 521-68 and related statutes.

Because summary possession (eviction) proceedings are technical and strictly governed by statute, compliance with notice and procedural requirements is essential.

The handling and disposition of tenant’s abandoned personal property is governed by HRS 521-56. Landlords must follow statutory procedures regarding notice, storage, and disposition of such property.

Common grounds include nonpayment of rent, material lease violations, holdover after lease ends, and certain health/safety issues. Procedures must comply with Hawaii landlord-tenant laws and notice requirements.

Notice requirements depend on the reason for eviction and the lease. Nonpayment and material violations have different notice periods and cure rights. We prepare compliant notices tailored to your situation.

Under Hawaii Revised Statutes §521-68, a landlord must provide a 10-calendar-day written notice for nonpayment of rent before filing a summary possession (eviction) case for nonpayment of rent.

Effective February 5, 2026, the law requires that:

The tenant receive a 10-calendar-day written notice demanding payment of the past-due rent.

A copy of the notice must also be delivered to a state-funded mediation center.

The tenant must be given an opportunity to participate in pre-litigation mediation.

A landlord may file a summary possession (eviction) action only after the statutory waiting period and mediation requirements are satisfied.

The notice must be accurate and properly served. Errors in wording, timing, or service can delay or undermine an eviction case.

Because eviction procedures are technical and strictly governed by Hawaiʻi law (HRS Chapters 521 and 666), many landlords and property owners seek legal assistance to ensure the notice complies with current statutory requirements before filing a court action. This helps to avoid costly mistakes and potential counterclaims.

Prior to 2026, Hawaii law required a 5-Business Day Notice for nonpayment of rent, but the statute was amended to require the current 10-Day Notice (10-Calendar Day Notice) and prelitigation mediation in many cases.

A 10-Day Notice is typically required when a tenant materially violates the lease agreement or house rules, but the issue is not based on nonpayment of rent. Some common examples may include unauthorized occupants, prohibited conduct, or other substantial breaches of the rental agreement.

Under Hawaii law, certain lease violations require that the tenant be given written notice and limited opportunity to cure the violation before further action may be taken. If the issue is not cured, or repeats, after the time period runs, the landlord may pursue summary possession through the appropriate District Court.

Because the notice must accurately describe the violation and comply with the statutory requirements, careful drafting is vital. Errors in wording, timing, or service problems can delay the case or result in dismissal after filing.

Landlords often seek legal guidance to ensure the notice properly reflects the lease terms and statutory standards before filing for summary possession.

In very limited circumstances, Hawaii law permits a landlord to seek immediate termination of the tenancy without providing an opportunity to cure. This generally applies to serious conduct such as threats of violence to persons or property and/or causing significant damage to persons or property as defined by Hawaii law.

Immediate termination cases are strictly governed by statute and require extremely careful factual evaluation. Courts examine whether the conduct meets the legal standard and whether the notice complies with the statutory requirements.

Because these cases can be heavily contested, precision in drafting, documentation, and service is critical. Improper use of an immediate termination notice can result in delay or even dismissal after filing and the initial hearings.

Landlords facing serious or dangerous tenant conduct or threats often seek prompt legal guidance to protect safety of persons and property while protecting their right to possession.

The timeline for an eviction in Hawaii (legally known as a summary possession action) varies depending on the type of notice served, whether the tenant contests the case, and court schedules. The initial hearing can generally be obtained within a few weeks but it may be longer if there are service delays.
 
Most actions begin with a statutory notice, such as a 5-Business Day Notice for nonpayment of rent or a 10-Day Notice for a lease violation. After the notice period expires, and lease terminates, a summary possession complaint may be filed in Court. Initial hearings are often scheduled within a few weeks, though this may vary.
 
The timeline may extend if the tenant contests the case, requests a trial, or raises defenses. In nonpayment cases, issues involving rent deposits into the court’s trust account can also affect the case proceeds.
 
Because eviction proceedings are technical and strictly governed by Hawaii Revised Statutes (“HRS”) Chapters 521 and 666, even small procedural errors can result in delay. Early legal guidance helps protect a landlord’s right to possession.

If a tenant remains in possession after the lease term terms pursuant to a 45-Day Notice or end of a fixed term period without the landlord’s consent, the tenant becomes a holdover tenant.

Depending on the circumstances and the tenancy type, Hawaii law may require a 45-Day Notice or Notice of Termination.

If the tenant does not vacate after proper notice, the landlord must pursue summary possession through the District Court within 60 days. Self help removals or lock outs are not permitted.

Because notice requirements and timing can vary, landlords often seek legal guidance before initiating possession proceedings.

No. Self-help evictions are not permitted. Landlords must use the legal process and obtain a court order before removing a tenant or their belongings.

Generally not unless it is a clear an emergency or impracticable to do so as defined by the statute and Hawaii Law. Indeed, under Hawaii law (HRS 521-53), a landlord generally may not enter a rental unit without providing reasonable notice to the tenant (i.e., 48 hours or more).

Entry must be for lawful purposes such as inspections, repairs, showing the unit to prospective tenants or buyers, or addressing maintenance issues.

However, advance notice is not required in genuine emergencies (e.g., busted pipe or leak) involving threats to health, safety, or property. Emergency entry must still be reasonable under the circumstances.

Improper entry can expose a landlord to claims for damages (HRS 521-73) and possible attorneys fees. Landlords often seek guidance to ensure compliance with statutory entry requirements while protecting their property interests.

Landlords can seek unpaid rent, court costs, and in some cases attorney’s fees if allowed by statute or the lease. Remedies depend on the facts and the terms of the agreement.

Hawaii law imposes strict requirements regarding the handling and return of security deposits. After a tenancy ends, landlords must provide a written accounting of any lawful deductions within the statutory time period and return any remaining balance.

Deductions must be supported by documentation and relate to unpaid rent, damages beyond ordinary wear and tear, or other amounts permitted under applicable statute.

Failure to comply with the statutory requirements may exposure a landlord to claims for damages. Careful documentation, including photographs, invoices, and inspection records, is essential.

Because security deposit disputes frequently arises after possession actions or tenant move-outs, landlords often seek legal guidance before issuing final accounting and the required notice letter.

Yes. We handle commercial lease enforcement, defaults, and possession actions for property owners and managers across Oʻahu.

Call (808) 460-6332 or visit jkamattorney.com to request a consultation. We’ll review your lease, notices, and goals, and outline a compliant, efficient path forward.