As a landlord, you hope to never experience the eviction process. Unfortunately, it’s not always avoidable, so you should understand the proper procedures for getting someone to vacate your rental property. Although laws are in place to protect your rights, tenants are also protected from wrongful evictions. Here are some key points you need to know about pursuing an eviction in Hawaii.

Legal Grounds for Eviction

Before landlords can move forward with an eviction, they must have legal grounds to do so. In Hawaii, a tenant can be removed from a rental property for failing to pay rent, violating their lease, causing substantial damage to the unit, or engaging in illegal activity.

Retaliatory evictions are against the law, which means a tenant can’t be evicted for complaining about unsafe or uninhabitable living conditions.

Required Notification

The first step in the eviction process is giving tenants notice. Notification requirements will depend on the type of rental agreement and why the landlord is seeking eviction.

For nonpayment of rent, tenants must be served a five-day notice to pay, providing five days for the past amount due to be paid in full.

When a tenant fails to uphold the terms of the lease, they must receive a 10-day notice to comply.

Tenants who maintain a common nuisance are provided a 24-hour notice to fix the problem. If it’s not remedied within this timeframe, they’ll get a five-day notice to move out.

If a tenant’s activities could harm another person or the rental property, landlords aren’t obligated to serve a notice and may start eviction proceedings in court. For other kinds of illegal activity that don’t pose a danger, tenants may be given a 10-day notice to comply.

Landlords must serve tenants on a month-to-month lease a 45-day notice to terminate at will.

Best Practices for Tenant Evictions

Failing to comply with eviction laws can result in heavy fines and potential jail time for landlords. Thus, it’s essential to properly serve a notice: give a copy directly to the tenant, leave a copy with another resident in the unit, or post it in a conspicuous place on the unit.

Landlords may not attempt to forcibly remove a tenant by shutting off utilities, changing the locks, or otherwise harassing them.

For help dealing with evictions and other challenges you may face with your rental property, turn to Classic Maui Properties in Kula, HI. They provide reliable property management services across the island. Backed by nearly 50 years of real estate experience, they’ll explain your landlord rights and follow proper practices to prevent tenant lawsuits. Call (808) 878-1001 to schedule a consultation, or visit them online for more information on how they can help maximize your investment.