Hawaii Eviction Complaint (Summary Possession)

COMPLAINT FOR SUMMARY POSSESSION — STATE OF HAWAIʻI

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy
4. Pre-Suit Notice and Termination
5. Act 278 Pre-Filing Mediation Compliance (Nonpayment Cases)
6. Holdover and Right to Possession
7. Count I — Summary Possession
8. Count II — Past-Due Rent and Use-and-Occupancy Damages
9. Count III — Property Damage Beyond Ordinary Wear and Tear
10. Count IV — Attorney's Fees and Costs
11. Prayer for Relief
12. Verification
13. Demand for Trial / Jury Demand Statement
14. Signature and Service Blocks
15. List of Exhibits
16. Hawaiʻi Practice Notes
17. Sources and References

1. CAPTION

STATE OF HAWAIʻI

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

[___________ DIVISION]

CIVIL NO. [_______________]

(Summary Possession — Residential)

COMPLAINT FOR SUMMARY POSSESSION; EXHIBITS "A"–"[__]"; SUMMONS

Plaintiff, by and through undersigned counsel (or pro se), hereby alleges and complains of Defendants as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] is ☐ a natural person residing in ☐ a [Hawaiʻi/foreign] [LLC/corporation/partnership] organized under the laws of [STATE], with a principal place of business at [ADDRESS], and is the owner / landlord of the Premises hereinafter described.

2.2. Plaintiff is represented in property management by [AGENT NAME], Hawaiʻi RB/RS license [# ______], address [__________], who is duly authorized to act on behalf of the Plaintiff under HRS § 521-43.

2.3. Defendant [DEFENDANT 1] is, on information and belief, a resident of [CITY, ISLAND, HI] and is the tenant in possession of the Premises.

2.4. Defendant [DEFENDANT 2], if any, is, on information and belief, a co-tenant or adult occupant in possession of the Premises.

2.5. DOES 1–10 are unknown adult occupants, subtenants, or assignees in possession of the Premises whose true identities are presently unknown to Plaintiff and who shall be named when ascertained.

2.6. Subject-matter jurisdiction. This Court has subject-matter jurisdiction pursuant to HRS § 666-6 (summary possession) and HRS § 604-5 (district court civil jurisdiction).

2.7. Venue. Venue is proper in this Court because the Premises are located within this Circuit. HRS § 666-6.

3. THE TENANCY

3.1. The dwelling unit at issue is located at [FULL PREMISES ADDRESS, UNIT, CITY, ISLAND, HI ZIP] (the "Premises").

3.2. On or about [__/__/____], Plaintiff (as landlord) and Defendant(s) (as tenant) entered into a written residential rental agreement (the "Rental Agreement"), a true and correct copy of which is attached as Exhibit "A" and incorporated by reference.

3.3. Under the Rental Agreement, Defendant(s) took possession of the Premises and are obligated to pay rent in the amount of $[________] per month, due on the [___] day of each month.

3.4. The tenancy is (check one): ☐ Month-to-month ☐ Fixed term ending [__/__/____] that has expired and continues month-to-month under HRS § 521-22 ☐ Other: [_______].

3.5. The Premises are a "dwelling unit" within the meaning of HRS § 521-8 and the tenancy is governed by HRS Chapter 521 (Residential Landlord-Tenant Code).

3.6. Defendant(s) paid a security deposit of $[________], which is held by Plaintiff in accordance with HRS § 521-44.

4. PRE-SUIT NOTICE AND TERMINATION

4.1. Ground for termination (check one):

• ☐ Nonpayment of rent (HRS § 521-68). On [__/__/____], Plaintiff served on Defendant(s) a written Notice to Pay Rent or Quit demanding payment within five (5) business days of receipt. A true and correct copy of the Notice and Declaration of Service is attached as Exhibit "B". Defendant(s) failed to pay the sum demanded and failed to vacate within the cure period.
• ☐ Material breach / improper use (HRS § 521-72 or § 521-69). On [__/__/____], Plaintiff served on Defendant(s) a written Notice to Cure or Quit identifying the breach with particularity and providing not less than ten (10) days to cure. A true and correct copy of the Notice and Declaration of Service is attached as Exhibit "B". Defendant(s) failed to cure within the cure period and failed to vacate.
• ☐ No-cause termination of month-to-month tenancy (HRS § 521-71(a)). On [__/__/____], Plaintiff served on Defendant(s) a written 45-Day Notice of Termination. A true and correct copy is attached as Exhibit "B". The termination date was [__/__/____], and Defendant(s) failed to vacate.
• ☐ 120-Day Notice for demolition / condominium conversion / change of use to TVR (HRS § 521-71(c)). On [__/__/____], Plaintiff served on Defendant(s) a written 120-Day Notice. A true and correct copy is attached as Exhibit "B". Defendant(s) failed to vacate by [__/__/____].
• ☐ Other statutory ground: [__________________________]

4.2. The Notice complied in form and content with the requirements of HRS Chapter 521.

4.3. Service of the Notice was effected by [METHOD] on [__/__/____], and Defendant(s) actually or constructively received the Notice on [__/__/____].

4.4. The applicable cure or termination period has expired without cure, payment, or surrender.

4.5. By operation of HRS Chapter 521, the Rental Agreement was terminated effective [__/__/____], and Defendant(s) have no further right to possession.

5. ACT 278 PRE-FILING MEDIATION COMPLIANCE (NONPAYMENT CASES)

5.1. Applicability. This Section applies if and only if the ground for termination is nonpayment of rent under HRS § 521-68 and the Notice was served on or after February 5, 2026 (Act 278's effective date).

5.2. Landlord Intake Form filed. Plaintiff submitted a Landlord Intake Form to the Mediation Centers of Hawaiʻi on [__/__/____]. Confirmation reference: [_______]. A copy is attached as Exhibit "C".

5.3. Mediation pathway (check one):

• ☐ Defendant(s) did not request mediation within ten (10) calendar days of receipt of the Notice. The window expired on [__/__/____], and Plaintiff is therefore entitled to file this action.
• ☐ Defendant(s) requested mediation, mediation was conducted on [__/__/____] by mediator [NAME] of the [NAME] Mediation Center, and the parties did not reach an agreement. A copy of the mediator's certificate of completion is attached as Exhibit "D".
• ☐ Mediation was scheduled but did not occur within thirty (30) days from the mediation center's first contact, through no fault of Plaintiff. Documentation is attached as Exhibit "D".
• ☐ Act 278 does not apply because: ☐ The Notice was served prior to Feb. 5, 2026 ☐ This action is not based solely on nonpayment ☐ The premises are not subject to HRS Chapter 521 ☐ Other: [_______].

5.4. Plaintiff has fully satisfied any required pre-filing mediation obligations under Act 278.

6. HOLDOVER AND RIGHT TO POSSESSION

6.1. Notwithstanding proper termination of the tenancy, Defendant(s) have continued in possession of the Premises after the effective termination date, without right or authority.

6.2. Defendant(s)' continued possession is unlawful, and Plaintiff is entitled to immediate restitution of the Premises pursuant to HRS § 666-1.

6.3. As of the date of this Complaint, Defendant(s) remain in possession of the Premises.

6.4. The fair rental value of the Premises during the holdover period is not less than $[________] per month.

7. COUNT I — SUMMARY POSSESSION

(HRS Chapter 666; HRS § 666-1)

7.1. Plaintiff incorporates by reference each preceding paragraph.

7.2. The Rental Agreement has been lawfully terminated, and Defendant(s) hold over without right.

7.3. Plaintiff is entitled to a judgment of possession of the Premises, a writ of possession, and execution thereof by the Department of Law Enforcement / Sheriff or an authorized civil process server.

8. COUNT II — PAST-DUE RENT AND USE-AND-OCCUPANCY DAMAGES

(HRS Chapter 521; HRS § 666-14)

8.1. Plaintiff incorporates by reference each preceding paragraph.

8.2. As of the date of this Complaint, Defendant(s) owe Plaintiff:

8.3. Plaintiff is further entitled to recover the reasonable rental value of the Premises during the period of holdover, accruing through the date possession is restored.

9. COUNT III — PROPERTY DAMAGE BEYOND ORDINARY WEAR AND TEAR

(HRS § 521-51; § 521-69; common law)

9.1. Plaintiff incorporates by reference each preceding paragraph.

9.2. Defendant(s) have caused damage to the Premises beyond ordinary wear and tear, including without limitation: [ITEMIZE — e.g., holes in walls, broken fixtures, soiled carpet beyond cleaning, removed appliances, unauthorized alterations].

9.3. The reasonable cost of repair and restoration is $[________], supported by estimates and/or invoices attached as Exhibit "E".

9.4. Such amount is recoverable from the security deposit and, to the extent it exceeds the deposit, from Defendant(s) personally.

10. COUNT IV — ATTORNEY'S FEES AND COSTS

10.1. Plaintiff incorporates by reference each preceding paragraph.

10.2. The Rental Agreement, at paragraph [#], provides for the recovery of reasonable attorney's fees and costs by the prevailing party in any action arising under the Rental Agreement.

10.3. Plaintiff is further entitled to costs of suit pursuant to HRS § 607-9 and to attorney's fees pursuant to HRS § 607-14 (action in the nature of assumpsit), capped as provided therein.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant(s), jointly and severally, as follows:

A. For a Judgment of Possession of the Premises in favor of Plaintiff;
B. For issuance of a Writ of Possession directing the Department of Law Enforcement, Sheriff, or authorized civil process server to remove all persons from the Premises and restore Plaintiff to full possession;
C. For damages on Count II for past-due rent, late fees, NSF charges, and use-and-occupancy damages in the amount of $[________], plus continuing damages at the rate of $[________] per day until possession is restored;
D. For damages on Count III for property damage in the amount of $[________], less the security deposit applied as offset;
E. For costs of suit and reasonable attorney's fees as authorized by contract and HRS §§ 607-9 and 607-14;
F. For pre- and post-judgment interest at the legal rate per HRS § 478-3;
G. For such other and further relief as the Court deems just and proper.

12. VERIFICATION

I, [VERIFIER NAME], declare under penalty of perjury under the laws of the State of Hawaiʻi that I am the ☐ Plaintiff ☐ duly authorized agent / property manager / corporate officer of Plaintiff; that I have read the foregoing Complaint; and 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: [__________________________]

13. DEMAND FOR TRIAL / JURY DEMAND STATEMENT

13.1. Plaintiff (check one):

• ☐ Demands a non-jury trial of the summary possession claim and all monetary claims in District Court.
• ☐ Demands a jury trial on all claims triable of right by jury, and consents to transfer of those claims to the Circuit Court of the [FIRST / SECOND / THIRD / FIFTH] Circuit pursuant to HRS § 604-8 and the District Court Rules of Civil Procedure.

14. SIGNATURE AND SERVICE BLOCKS

DATED: [CITY], Hawaiʻi, [__/__/____].

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

Attorney for Plaintiff [PLAINTIFF NAME]

OR (if pro se):

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

15. LIST OF EXHIBITS

• Exhibit "A" — Residential Rental Agreement dated [__/__/____]
• Exhibit "B" — Notice of Termination (5-business-day pay/quit, 10-day cure/quit, 45-day no-cause, or 120-day demolition/conversion) and Declaration of Service
• Exhibit "C" — Act 278 Landlord Intake Form / Mediation Centers of Hawaiʻi confirmation (nonpayment cases)
• Exhibit "D" — Mediator's Certificate of Completion / non-resolution (if applicable)
• Exhibit "E" — Rent ledger / payment history; repair estimates and invoices (if Count III)
• Exhibit "F" — Photographs of damage (if Count III)
• Exhibit "G" — Correspondence with tenant (optional)

16. HAWAIʻI PRACTICE NOTES

1. Strict statutory compliance. Summary possession is in derogation of common law and is strictly construed. Notice form, service, and timing must be exact. A defective notice is the most common ground for dismissal.
2. Return day. Under DCRCP / HRS § 666-21, the summons sets a "return day" — the next court session not less than 5 days after service in the same circuit, not less than 7 days if served in another circuit. Coordinate with the clerk for the calendar.
3. Trial timing. Trial is generally set within 7–14 days of return day if no jury demand and no transfer.
4. Act 278 (eff. Feb. 5, 2026). For nonpayment cases, attach the Landlord Intake Form receipt and any mediation documentation. Failure to comply is a basis for dismissal without prejudice.
5. Honolulu Right to Counsel. Honolulu's pilot Right to Counsel program may provide tenant-side counsel for income-eligible defendants in the First Circuit. Expect a more aggressive defense posture in those cases.
6. Mediation Centers of Hawaiʻi. Even outside Act 278, courts strongly favor pre-trial mediation and may refer cases to the Mediation Center of the Pacific (Oʻahu) or the island-specific community mediation center.
7. Jury demand and transfer. A defendant's jury demand on damages forces transfer to Circuit Court for that claim while possession proceeds in District Court. The jury-demand fee and procedural requirements are set forth in DCRCP Rule 38 and the RCCH.
8. Maui post-fire. Verify county emergency proclamations. The Maui eviction moratorium ended Feb. 4, 2025; specific protections may remain for FEMA-housed survivors and properties in the Lahaina disaster area.
9. Subsidized housing. HUD/Section 8 and public-housing tenancies layer on additional good-cause and grievance procedures. Plead and prove compliance.
10. Self-help bar. Even after judgment, possession may only be restored through a writ executed by an authorized officer. HRS § 521-63 self-help damages remain a serious risk.
11. Costs. Filing fees and service fees are recoverable as costs of suit. Attorney's fees in assumpsit-type actions are governed by HRS § 607-14 (subject to the statutory cap of 25% of the judgment).
12. Condominiums and AOAOs. When the unit is in a condominium, the AOAO may have separate enforcement rights against the unit owner; coordinate but do not conflate the two regimes.

17. 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 § 666-1 — Summary possession on termination or forfeiture of lease. https://law.justia.com/codes/hawaii/title-36/chapter-666/section-666-1/
• HRS § 666-6 — Summary possession proceedings; venue. https://law.justia.com/codes/hawaii/title-36/chapter-666/section-666-6/
• HRS § 666-11 — Judgment; writ of possession. https://law.justia.com/codes/hawaii/title-36/chapter-666/section-666-11/
• HRS § 604-5 — District court civil jurisdiction. https://law.justia.com/codes/hawaii/title-32/chapter-604/section-604-5/
• HRS Chapter 521 — Residential Landlord-Tenant Code. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/hrs0521/hrs_0521-.htm
• 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/
• DCCA Office of Consumer Protection — Landlord-Tenant Information Center. https://cca.hawaii.gov/landlord-tenant-information-center/
• Handbook for the Hawaiʻi Residential Landlord-Tenant Code. https://cca.hawaii.gov/ocp/files/2013/06/landlord-tenant-handbook-OnlineVersion.pdf

END OF COMPLAINT — HAWAIʻI SUMMARY POSSESSION (HRS CHAPTER 666)