Holdover Tenants & Possession-Related Property Disputes in Hawaiʻi

Holdover tenancy disputes arise when a tenant remains in possession of a rental unit after the lease has expired or after tenancy has been lawfully terminated. While these matters are sometimes treated casually by landlords, Hawaiʻi law imposes specific requirements before possession can be recovered.

Improper handling of a holdover tenant can delay recovery, limit available remedies, or create avoidable legal exposure, particularly where statutory timing requirements and termination consequences under HRS § 521-71 may apply. Determining the correct legal pathway requires careful analysis before action is taken.

Jonathan Kam is a Honolulu landlord attorney who represents landlords and property owners in holdover tenant matters and possession-related property disputes. His practice focuses on recovering possession lawfully while minimizing delay and procedural risk.

Understanding Holdover Tenancies Under Hawaiʻi Law

Holdover tenancies in Hawaiʻi are governed in part by Hawaiʻi Revised Statutes § 521-71, which addresses termination of rental agreements and the legal consequences when a tenant remains in possession without the landlord’s consent.

Common holdover scenarios include:

• Remaining in possession after a fixed-term lease expires
• Refusal to vacate following lawful termination
• Continued occupancy after service of a termination notice
• Disputes over whether tenancy was properly extended or renewed

Whether a tenant is a true holdover, a month-to-month tenant, or occupying unlawfully depends on facts, timing, notice, and landlord conduct.

Possession-Related Risks for Landlords

Holdover matters often involve procedural traps. Improper acceptance of rent, unclear communications, or inconsistent enforcement may alter the landlord’s legal position.

Risks may include:

• Unintentional creation of a new tenancy
• Delay or dismissal of possession actions
• Tenant claims of improper termination or retaliation
• Loss of lawful leverage to recover possession efficiently

Early legal guidance can prevent these issues before they affect the outcome.

Legal Representation in Holdover and Possession Matters

As a landlord attorney in Honolulu, Mr. Kam assists clients with holdover tenant and possession-related disputes, including:

• Evaluating whether a tenant qualifies as a holdover
• Determining whether possession is legally available
• Identifying the proper statutory notice and timing requirements
• Advising on acceptance or rejection of rent
• Preparing compliant notices and demands to vacate
• Initiating summary possession or related actions when appropriate

Each matter is reviewed carefully to ensure the chosen course complies with Hawaiʻi law.

Distinguishing Holdover Tenancy From Eviction

Not all possession disputes follow the same legal pathway. Holdover matters may differ significantly from evictions based on nonpayment or lease violations.

Key distinctions include:

• Different termination rules
• Different notice requirements
• Different defenses asserted by tenants
• Different procedural strategies

Treating a holdover dispute as a standard eviction without analysis can lead to delay or procedural missteps.

Hawaiʻi-Specific Possession Counsel

Hawaiʻi landlord-tenant law differs from mainland jurisdictions in both substance and procedure. Local statutes, District Court practices, and judicial expectations directly shape how possession matters are resolved.

Landlords benefit from counsel familiar with Honolulu District Court practice and Hawaiʻi-specific statutory requirements, including HRS § 521-71.

If you are searching for a landlord attorney, holdover tenant lawyer, or possession dispute attorney in Honolulu or Hawaiʻi, local knowledge and procedural accuracy matter.

Clients This Practice Represents

This practice represents landlords and property owners, including:

• Residential landlords
• Property owners
• Property managers
• Real estate investors

Tenant-side representation is not provided. The practice remains intentionally landlord-focused to ensure advice reflects Hawaiʻi landlord-tenant law and local court procedures.

Begin With the Intake Form

Holdover and possession disputes are highly fact-dependent. To determine whether legal assistance is appropriate, landlords are asked to begin with the secure online intake form.

Providing written information allows for meaningful review and clear guidance on next steps.

Complete the intake form to get started.