Hawaii Tenant Answer to Summary Possession Complaint

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS — STATE OF HAWAIʻI

(Tenant's Response to Complaint for Summary Possession)

TABLE OF CONTENTS

1. Caption
2. General Response
3. Specific Admissions, Denials, and Statements of Insufficient Knowledge
4. Affirmative Defenses
5. Counterclaims
6. Prayer for Relief
7. Verification
8. Demand for Jury Trial
9. Signature and Service Blocks
10. Certificate of Service
11. List of Exhibits
12. Tenant Rights Summary
13. Hawaiʻi Practice Notes
14. Sources and References

1. CAPTION

STATE OF HAWAIʻI

DISTRICT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT

[___________ DIVISION]

CIVIL NO. [_______________]

(Summary Possession — Residential)

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS; JURY DEMAND; CERTIFICATE OF SERVICE; EXHIBITS "1"–"[__]"

Defendant [DEFENDANT NAME] ("Tenant"), in answer to the Complaint for Summary Possession (the "Complaint") filed by Plaintiff (the "Landlord"), states as follows:

2. GENERAL RESPONSE

Except as expressly admitted herein, Tenant denies each and every allegation of the Complaint and demands strict proof thereof. Tenant denies that Landlord is entitled to any of the relief requested in the Complaint.

3. SPECIFIC ADMISSIONS, DENIALS, AND STATEMENTS OF INSUFFICIENT KNOWLEDGE

3.1. Paragraph 2.1 (Plaintiff identity): ☐ Admitted ☐ Denied ☐ Tenant lacks information sufficient to admit or deny.

3.2. Paragraph 2.3 (Tenant identity / residency): ☐ Admitted ☐ Denied. [Explanation if denied: ____________]

3.3. Paragraph 2.6–2.7 (Jurisdiction and venue): ☐ Admitted ☐ Denied. [Explanation if denied: ____________]

3.4. Paragraph 3.2 (Existence of the Rental Agreement): ☐ Admitted ☐ Denied ☐ Admitted in part — the Rental Agreement attached as Exhibit "A" is [not the most recent version / has been modified by oral agreement / etc.].

3.5. Paragraph 3.3 (Rent amount): ☐ Admitted ☐ Denied. The correct rent amount is $[________] per month.

3.6. Paragraph 3.4 (Type of tenancy): ☐ Admitted ☐ Denied. The tenancy is in fact [__________].

3.7. Paragraph 3.6 (Security deposit amount): ☐ Admitted ☐ Denied. Tenant paid $[________] in security deposit.

3.8. Paragraph 4.1 (Pre-suit notice): ☐ Denied. Tenant denies that any valid notice was served, or denies that the notice complied with the form, content, or timing required by HRS Chapter 521. Specifically: [__________________________].

3.9. Paragraph 4.3 (Service of notice): ☐ Admitted ☐ Denied. [Tenant denies receipt on the date alleged; actual receipt was [__/__/____].]

3.10. Paragraph 4.5 (Termination effective): ☐ Denied.

3.11. Section 5 (Act 278 mediation compliance): ☐ Admitted ☐ Denied. [Tenant timely requested mediation on [__/__/____] and [Plaintiff failed to participate / mediation has not yet been completed].]

3.12. Section 6 (Holdover): ☐ Admitted ☐ Denied. Tenant disputes that any tenancy was lawfully terminated.

3.13. Counts I–IV: ☐ Denied as to each. Tenant denies any liability and disputes all damages claimed.

4. AFFIRMATIVE DEFENSES

Tenant asserts the following affirmative defenses, the assertion of which does not concede that the burden of proof on any issue rests on Tenant:

4.1. FIRST DEFENSE — Defective or Insufficient Notice

The Notice was defective in form, content, or service, including without limitation: [(a) failure to identify the breach with particularity; (b) miscount of the cure period (5 business days vs. 5 calendar days; 10-day cure period; 45-day termination period); (c) failure to identify the correct landlord/agent under HRS § 521-43; (d) inclusion of charges not authorized by HRS § 521-21(f) or the Rental Agreement; (e) demand for amounts in excess of those actually owed]. Strict compliance with HRS Chapter 521 is required, and the failure renders the Notice and the action void.

4.2. SECOND DEFENSE — Breach of Warranty of Habitability (HRS § 521-42)

The Landlord has breached the implied warranty of habitability and the express warranty under HRS § 521-42 by failing to keep the Premises in fit and habitable condition. Specifically: [describe — e.g., persistent mold, lack of hot water, broken HVAC, pest infestation, leaking roof, missing smoke detectors, plumbing failures]. Tenant gave the Landlord written notice of these conditions on [__/__/____] (Exhibit "1"). The Landlord has failed to repair within a reasonable time. Tenant is therefore entitled to (a) a partial or total offset against rent under HRS §§ 521-64, 521-78; (b) repair-and-deduct remedies; and/or (c) constructive eviction.

4.3. THIRD DEFENSE — Retaliation (HRS § 521-74)

The Landlord's action is retaliatory and prohibited by HRS § 521-74. Within one (1) year preceding this action, Tenant engaged in protected activity, including: [describe — e.g., complaint to county code enforcement, written request for repairs, joining a tenants' association, filing a fair-housing complaint] (Exhibit "2"). HRS § 521-74 creates a presumption of retaliation when the Landlord acts within one (1) year of such activity, and the Landlord cannot rebut that presumption.

4.4. FOURTH DEFENSE — Discrimination (HRS § 515-3 and Federal FHA)

The Landlord's action is discriminatory and prohibited by HRS § 515-3, the federal Fair Housing Act (42 U.S.C. §§ 3601–3619), and applicable county fair-housing ordinances. The discriminatory motive is based on Tenant's protected characteristic(s): [race / sex / gender identity / sexual orientation / color / religion / marital status / familial status / ancestry / disability / age / HIV status / source of income / other]. Specifically: [describe disparate treatment, disparate impact, refusal of reasonable accommodation, etc.].

4.5. FIFTH DEFENSE — Failure to Comply with Act 278 Pre-Filing Mediation

To the extent this action is based on nonpayment of rent and the Notice was served on or after February 5, 2026, the Landlord failed to comply with the mandatory pre-filing eviction mediation pathway established by Act 278, Session Laws of Hawaiʻi 2024. Specifically: [(a) no Landlord Intake Form filed; (b) Tenant timely requested mediation but Landlord did not participate; (c) the statutory mediation period has not expired]. The action is therefore premature and must be dismissed.

4.6. SIXTH DEFENSE — Waiver / Acceptance of Rent After Notice

The Landlord accepted rent or partial rent from Tenant after service of the Notice and after the alleged termination date, on [__/__/____] in the amount of $[________], thereby waiving the alleged breach and reinstating the tenancy.

4.7. SEVENTH DEFENSE — Estoppel and Course of Dealing

Through the parties' course of dealing over [___] months/years, the Landlord accepted late payments, partial payments, and varied performance, inducing reasonable reliance by Tenant. Strict enforcement of the lease at this time is barred by equitable estoppel.

4.8. EIGHTH DEFENSE — Self-Help Eviction (HRS § 521-63)

The Landlord engaged in self-help eviction, including: [changing locks / shutting off utilities / removing belongings / removing doors or windows / threats]. HRS § 521-63 prohibits such conduct and entitles Tenant to two (2) months' rent or two (2) months' free occupancy plus costs and attorney's fees, and further bars the Landlord's possession claim.

4.9. NINTH DEFENSE — Improper Plaintiff / Standing

The named Plaintiff is not the actual landlord, owner, or duly authorized agent under HRS § 521-43, and lacks standing to maintain this action.

4.10. TENTH DEFENSE — Improper Venue / Forum

Venue is improper because [the Premises are located outside this Circuit / the Rental Agreement specifies a different forum].

4.11. ELEVENTH DEFENSE — Setoff (Security Deposit; HRS § 521-44)

To the extent any rent or damages are owed, Tenant is entitled to setoff in the amount of the security deposit ($[________]) plus, where the deposit was wrongfully and willfully retained, treble damages plus costs and attorney's fees.

4.12. TWELFTH DEFENSE — Federal Overlays (CARES Act; HUD; VAWA)

The Premises are a "covered dwelling" under the CARES Act / are federally subsidized under Section 8 / HUD / public housing, and the Landlord failed to comply with applicable federal notice and good-cause requirements. Tenant further invokes the Violence Against Women Act (VAWA) protections to the extent applicable.

4.13. THIRTEENTH DEFENSE — Reservation of Additional Defenses

Tenant reserves the right to assert additional defenses as discovery proceeds and as may be developed at trial.

5. COUNTERCLAIMS

Tenant counterclaims against Landlord/Counterclaim Defendant as follows:

Count A — Breach of Warranty of Habitability (HRS § 521-42)

5.A.1. Landlord breached HRS § 521-42 by failing to keep the Premises fit and habitable, despite notice and a reasonable opportunity to repair.
5.A.2. Tenant has suffered damages, including diminution in rental value, out-of-pocket repairs, displacement, medical expenses, and emotional distress.
5.A.3. Tenant seeks damages, rent abatement, and injunctive relief.

Count B — Retaliation (HRS § 521-74)

5.B.1. Landlord's filing of this action and other adverse acts within one (1) year of Tenant's protected activity violate HRS § 521-74.
5.B.2. Tenant seeks damages, injunctive relief, costs, and reasonable attorney's fees.

Count C — Wrongful Withholding of Security Deposit (HRS § 521-44)

5.C.1. (If applicable) Landlord wrongfully and willfully retained Tenant's security deposit beyond the 14-day statutory window.
5.C.2. Tenant seeks return of the deposit, treble damages, costs, and reasonable attorney's fees.

Count D — Self-Help Eviction (HRS § 521-63)

5.D.1. (If applicable) Landlord unlawfully excluded Tenant from the Premises by [describe].
5.D.2. Tenant seeks two (2) months' rent or two (2) months' free occupancy, costs, and reasonable attorney's fees.

Count E — Discrimination (HRS § 515-3; 42 U.S.C. § 3604)

5.E.1. (If applicable) Landlord's conduct constitutes unlawful discrimination on the basis of [protected characteristic].
5.E.2. Tenant seeks compensatory and statutory damages, injunctive relief, and attorney's fees.

Count F — Hawaiʻi Unfair and Deceptive Acts or Practices Act (HRS Chapter 480)

5.F.1. (If applicable) Landlord's conduct constitutes unfair or deceptive acts or practices in trade or commerce.
5.F.2. Tenant seeks treble damages, costs, and reasonable attorney's fees pursuant to HRS § 480-13.

6. PRAYER FOR RELIEF

WHEREFORE, Tenant prays:

A. That the Complaint be dismissed with prejudice;
B. That the Court enter judgment for Tenant on all Counts;
C. That the Court enter judgment for Tenant on all Counterclaims, including:

1. Damages in an amount to be proven at trial;
2. Rent abatement / rebate as appropriate;
3. Treble damages where authorized (HRS §§ 521-44, 480-13);
4. Statutory damages of two months' rent or two months' free occupancy under HRS § 521-63;
5. Injunctive and equitable relief;
6. Costs of suit and reasonable attorney's fees;
7. Pre- and post-judgment interest at the legal rate;
   D. For such other and further relief as the Court deems just and proper.

7. VERIFICATION

I, [TENANT NAME], declare under penalty of perjury under the laws of the State of Hawaiʻi that I have read the foregoing Answer, Affirmative Defenses, and Counterclaims; that the matters stated herein are true and correct based on my personal knowledge, except as to those matters stated on information and belief, and as to those, I believe them to be true.

Executed at [CITY], Hawaiʻi, on [__/__/____].

Signature: _______________________________
Print name: [__________________________]

8. DEMAND FOR JURY TRIAL

Pursuant to HRS § 666-14 and DCRCP Rule 38, Tenant demands trial by jury on all issues so triable, including all Counterclaims. Tenant requests transfer of those claims to the Circuit Court of the [FIRST / SECOND / THIRD / FIFTH] Circuit pursuant to HRS § 604-8.

9. SIGNATURE AND SERVICE BLOCKS

DATED: [CITY], Hawaiʻi, [__/__/____].

_______________________________
[ATTORNEY NAME] (Hawaiʻi Bar No. [___])
[FIRM NAME]
[ADDRESS]
[CITY], Hawaiʻi [ZIP]
Telephone: [(___) ___-____]
Email: [__________]

Attorney for Defendant [TENANT NAME]

OR (if pro se):

_______________________________
[TENANT NAME], Pro Se
[ADDRESS]
[CITY], Hawaiʻi [ZIP]
Telephone: [(___) ___-____]
Email: [__________]

10. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of the foregoing was duly served upon the following parties and their counsel by the method indicated below:

I declare under penalty of perjury under the laws of the State of Hawaiʻi that the foregoing is true and correct.

Executed at [CITY], Hawaiʻi, on [__/__/____].

Signature: _______________________________
Print name: [__________________________]

11. LIST OF EXHIBITS

• Exhibit "1" — Tenant's written notice to Landlord of habitability defects (dated [__/__/____]); follow-up correspondence
• Exhibit "2" — Records of protected activity (e.g., code-enforcement complaint, fair-housing complaint, organizing materials)
• Exhibit "3" — Photographs / videos of premises conditions
• Exhibit "4" — Receipts for repairs paid by Tenant
• Exhibit "5" — Rent payment ledger / receipts (showing acceptance of rent after notice, partial payments, etc.)
• Exhibit "6" — Security deposit receipt and itemized statement (or absence thereof)
• Exhibit "7" — Mediation Centers of Hawaiʻi correspondence (Act 278)
• Exhibit "8" — Medical records or witness statements (if habitability injuries claimed)

12. TENANT RIGHTS SUMMARY

You have rights and resources, including:

• Free / low-cost legal help:
• Legal Aid Society of Hawaiʻi: (808) 536-4302 / legalaidhawaii.org
• Volunteer Legal Services Hawaiʻi: (808) 528-7046
• Honolulu Right to Counsel pilot (verify current eligibility)
• University of Hawaiʻi William S. Richardson School of Law clinics
• Mediation: Mediation Centers of Hawaiʻi — mediationcentersofhawaii.org
• Government resources: DCCA Office of Consumer Protection; Hawaiʻi Civil Rights Commission (housing discrimination); HUD (federally subsidized housing)
• Rental assistance: State and county emergency rental assistance programs may still be available; verify current eligibility
• Retaliation: HRS § 521-74 creates a one-year presumption of retaliation
• Discrimination: HRS § 515-3 protects against broad classes including ancestry, marital status, age, sexual orientation, gender identity, and HIV status
• Self-help bar: HRS § 521-63 — if the landlord locked you out or shut off utilities, you may recover two months' rent or two months' free occupancy plus costs and fees

13. HAWAIʻI PRACTICE NOTES

1. Appear on the return day. The single most common reason tenants lose summary possession is failure to appear. The summons states the return day; appear in person or through counsel. E-filing is increasingly available via JEFS.
2. Written Answer. A written Answer is not always strictly required, but filing one (a) preserves defenses and counterclaims, (b) creates a record for appeal, and (c) is generally required to demand a jury and transfer to Circuit Court.
3. Jury demand mechanics. Demand on the damages portion forces transfer of that claim to Circuit Court. The possession claim stays in District Court. Confirm the demand timing in DCRCP 38; mistakes can waive the right.
4. Compulsory counterclaims (DCRCP 13). Failing to assert habitability, retaliation, security deposit, self-help, and FHA/HRS § 515-3 counterclaims now may forfeit them. Plead them.
5. Habitability remedies. HRS §§ 521-64 (essential services), 521-78 (rent withholding for material noncompliance), and the implied warranty of habitability under § 521-42 provide substantive defenses. Documentation (photographs, work-order requests, dates) is essential.
6. Retaliation presumption. A protected complaint within one (1) year preceding the eviction action triggers a presumption that shifts the burden to the landlord. Identify the specific protected activity and date.
7. Discrimination defenses. Hawaiʻi's protected classes are broader than federal FHA; ancestry, marital status, age, sexual orientation, gender identity/expression, and HIV status are all protected. Coordinate with Hawaiʻi Civil Rights Commission and HUD as appropriate.
8. Act 278. For nonpayment cases initiated on or after Feb. 5, 2026, the landlord must comply with pre-filing mediation. Verify the Landlord Intake Form was filed and that mediation timelines were honored. A landlord's failure to comply is a basis for dismissal.
9. Honolulu Right to Counsel. Income-eligible tenants in the First Circuit may qualify for free representation under the pilot program; apply immediately.
10. Maui post-fire. Maui-specific protections related to FEMA-housed survivors and the Lahaina/Kula disaster area may apply; verify county emergency proclamations.
11. Mediation pathway. Even outside Act 278, Hawaiʻi courts strongly favor mediation. Mediation Centers of Hawaiʻi (free) and the Mediation Center of the Pacific (Oʻahu) are available.
12. Settlement and stipulated agreements. A stipulated payment plan or stipulated dismissal is often the best outcome. Have any stipulation reviewed by counsel before signing — pay-and-stay stipulations frequently waive defenses.
13. Stay of execution. Even after judgment, the court has discretion to grant a brief stay of the writ of possession on equitable grounds; request it explicitly with supporting facts.

14. SOURCES AND REFERENCES

• HRS Chapter 666 — Landlord and Tenant (Summary Possession). https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF's/HRS_0666.pdf
• HRS § 666-14 — Damages and rent; jury trial. https://law.justia.com/codes/hawaii/title-36/chapter-666/
• HRS § 521-42 — Landlord to supply and maintain fit premises. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-42/
• HRS § 521-44 — Security deposits. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-44/
• HRS § 521-63 — Tenant's remedy of termination; unlawful removal or exclusion. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-63/
• HRS § 521-68 — Landlord's remedies for failure by tenant to pay rent. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-0068.htm
• HRS § 521-71 — Termination of tenancy. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-0071.htm
• HRS § 521-72 — Landlord's remedies for improper use. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-72/
• HRS § 521-74 — Retaliatory evictions and rent increases prohibited. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-74/
• HRS § 521-78 — Rent withholding for material noncompliance. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/
• HRS § 515-3 — Discriminatory practices in real property transactions. https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF's/HRS_0515.pdf
• District Court Rules of Civil Procedure (DCRCP). https://www.courts.state.hi.us/wp-content/uploads/2024/09/dcrcp_ada.pdf
• Hawaiʻi Judiciary — Landlord-Tenant Pre-Filing Mediation (Act 278). https://www.courts.state.hi.us/landlord-tenant-claims-prefiling-eviction-mediation
• Mediation Centers of Hawaiʻi. https://www.mediationcentersofhawaii.org/
• Legal Aid Society of Hawaiʻi. https://www.legalaidhawaii.org/
• Hawaiʻi Civil Rights Commission. https://labor.hawaii.gov/hcrc/
• DCCA Office of Consumer Protection — Landlord-Tenant Information Center. https://cca.hawaii.gov/landlord-tenant-information-center/

END OF ANSWER — HAWAIʻI SUMMARY POSSESSION TENANT RESPONSE