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 Nonpayment Notice and Mediation Compliance
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. Trial / Jury Demand Statement
14. Signature and Service Blocks
15. List of Exhibits
16. Filing and Enforcement Notes
17. Current Official Sources

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 ☐ an individual residing at [ADDRESS] ☐ a [ENTITY TYPE] organized under [STATE] law, with its principal address at [ADDRESS], and is the person entitled to possession of the Premises. The basis of that right is [OWNERSHIP / LEASE / OTHER FACTS AND DOCUMENT].

2.2. Property-management agent, if applicable: [AGENT NAME / ADDRESS]. Actual authority and supporting document: [FACTS / DOCUMENT]. This identifies the manager disclosed under HRS § 521-43; it does not independently establish authority to represent a party in court. Plaintiff prosecutes this action as the real party in interest under DCRCP Rule 17(a).

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, if joined, are unidentified persons with the following interest in this action: [INTEREST AND KNOWN NAME INFORMATION]. Plaintiff has undertaken these specific diligent and good-faith efforts to ascertain each person’s full name and identity: [ACTS / DATES / RESULTS]. Identification and certification will follow DCRCP Rule 17(d).

2.6. Subject-matter jurisdiction. This Court has statutory summary-possession jurisdiction under HRS § 604-5(c). Claims arising out of and referring to these Premises are joined under HRS § 666-7. No adjudication of disputed title to real estate is requested; § 604-5(d) remains controlling.

2.7. Venue. The Premises are situated in this Circuit and Division. Circuit venue is proper under HRS § 666-6, and division filing is proper under DCRCP Rule 3(c)(4).

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 and Defendant(s) entered into a ☐ written ☐ oral residential rental agreement (the "Rental Agreement"). A written agreement and amendments, if any, are attached as Exhibit "A"; the terms and evidence of an oral agreement are [TERMS / FACTS / EXHIBIT].

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 [__/__/____] ☐ Expired fixed term, with the actual subsequent possession, consent, and agreement facts stated here: [FACTS] ☐ Other: [_______]. Expiration alone is not pleaded as automatic conversion to month-to-month.

3.5. The Premises are a "dwelling unit" within the meaning of HRS § 521-8 and the residential tenancy is covered by Chapter 521 and does not fall within an exclusion under § 521-7 because [COVERAGE FACTS]. Section 521-3(b) makes Chapter 521 controlling in a conflict with Chapter 666.

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 provided Defendant(s) a written Notice containing the required disclosures and demanding payment within ten (10) calendar days after receipt. Plaintiff also provided the Notice to a state-funded mediation center. A true and correct copy and proof of delivery are attached as Exhibit "B". Defendant(s) failed to pay the rent due and failed to vacate within the applicable period.
• ☐ Material health-and-safety-law noncompliance (HRS § 521-69(a)(1)). Defendant materially violated HRS § 521-51(1) by [FACTS AND APPLICABLE BUILDING OR HOUSING LAW]. Plaintiff provided written notice on [__/__/____], received on [__/__/____], allowing at least ten days to remedy, unless a specified statutory exception applies: [EXCEPTION AND FACTS / NONE]. Defendant failed to remedy by [__/__/____]. Notice and service evidence are attached as Exhibit "B". Other maintenance failures are not automatically termination grounds under subsection (a)(1).
• ☐ Authorized-rule breach (HRS § 521-72). Rule [TEXT] is authorized under § 521-52 because [FACTS]. Plaintiff gave the required notice and warning on [__/__/____], specifying a date at least ten days later to remedy, unless [STATUTORY EXCEPTION AND FACTS] applies. The breach continued or recurred after that date on [__/__/____], and this possession proceeding is brought within thirty days after that continued or recurring breach. Notice and service evidence are attached as Exhibit "B".
• ☐ 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". Any revocation or amendment and reissuance occurred on [DATE / NONE], with the 120-day period restarted where required. 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. Under the selected statutory ground and facts, the Rental Agreement terminated effective [__/__/____], and Defendant(s) have no further right to possession. Plaintiff alleges that no applicable § 521-74 protection or § 521-71(f) evasion bar prevents this termination because [FACTS].

4.6. Additional notice, program, or filing requirements applicable to this tenancy and compliance evidence: [REQUIREMENTS / FACTS / EXHIBIT / NONE]. For a federally subsidized tenancy, apply § 521-3(c) and the actual program requirements; this complaint does not establish compliance by a general assertion.

5. ACT 278 NONPAYMENT NOTICE AND MEDIATION COMPLIANCE

5.1. Selected route: ☐ Ordinary nonpayment under the version of HRS § 521-68 effective February 5, 2026 ☐ Breach of a mediated or other settlement agreement under subsection (a), identifying the agreement and breach: [FACTS / EXHIBIT] ☐ Possession based on a specified matter other than nonpayment: [GROUND / FACTS]. The latter two subsection (a) exceptions concern this notice requirement and do not establish compliance with other requirements.

5.2. Ordinary nonpayment notice: Notice dated [DATE] stated the current rent due after all payments from all sources and included every subsection (b) disclosure and the bold warning. Copy attached as Exhibit "B". Delivery was by [METHOD] on [DATE]. Receipt date: [DATE], based on [ACTUAL RECEIPT / POSTING / PROPERLY ADDRESSED USPS MAILING WITH APPROPRIATE POSTAGE]. Posting makes receipt the posting date; mailed receipt is deemed two business days after the postmark unless returned undeliverable. Postmark, calculation, and return status: [FACTS]. Notice payment deadline: [DATE].

5.3. Mediation-center proof / affirmation: Plaintiff provided a copy of that notice to state-funded mediation center [NAME] on [DATE] by [MEANS]. ☐ The center's verification is attached as Exhibit "C". ☐ Plaintiff or agent affirms here that the notice was provided to that center by the means just stated. This is the alternative affirmation authorized by subsection (d)(1).

5.4. Scheduling and filing path — select the supported path:

• ☐ Mediation was not scheduled within ten calendar days after Tenant's receipt. That period and the notice's payment period expired on [DATE] without payment. Mediation status as of filing: [STATUS].
• ☐ Mediation was scheduled within that ten-calendar-day period on [DATE]. Twenty calendar days after receipt expired on [DATE]. The session is scheduled for [DATE] and has not yet occurred; its date is stated here under subsection (d)(2). Plaintiff or agent will participate as required by subsection (c).
• ☐ Timely scheduled mediation occurred without agreement on [DATE]. Twenty calendar days after receipt expired on [DATE]. Under subsection (i), Plaintiff may file after that period without another mediation, subject to the court's good-cause authority to order additional mediation.
• ☐ Tenant failed to attend or canceled scheduled mediation on [DATE]. The facts supporting the subsection (c) exception to the twenty-day wait are [FACTS / EXHIBIT]. The notice's payment period expired on [DATE] and the rent remains unpaid.

5.5. Participation and settlement status: [DATES / OUTCOME / AGREEMENT / NONE]. If Tenant schedules mediation, Plaintiff or agent participates as required by subsection (c), regardless of the scheduling path. Mediation takes place within thirty days after the center contacts both sides under subsection (c). Any settlement affecting this claim and its performance status: [FACTS]. Plaintiff alleges compliance with the selected path based on these facts, rather than asserting that mediation is always a prerequisite to filing.

5.6. Section 521-68(e) permits court-authorized cure of an unintentional or immaterial defect in the subsection (b) notice without dismissal. The February 4, 2028 reenactment preserves Act 278's subsection (a) amendment; use the version operative for the notice and filing dates.

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 filing, Defendant(s) remain in possession. Holdover began on [DATE]. This summary-possession proceeding is commenced within the first sixty days of holdover under § 521-71(e), where that provision applies: [DATES / FACTS]. If that period elapsed without proceedings and without a rental agreement, address the subsection (e) month-to-month tenancy before alleging possession without right.

6.4. Claimed holdover compensation and calculation are [AMOUNT / DAILY PRORATION / DATES], subject to § 521-71(e), including its ceiling of twice the prior monthly rent computed and prorated daily. No rent and holdover compensation are counted twice for the same period.

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 by the sheriff, deputy sheriff, police officer, or independent civil process server from the Department of Law Enforcement's list identified in § 666-11, according to the writ under § 666-12. A requested writ remains subject to § 666-14 in a nonpayment proceeding.

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

(HRS §§ 521-21, 521-71(e), and 666-7)

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 requests accrued rent and proven compensation up to judgment under § 666-7, with holdover compensation determined under § 521-71(e). Additional compensation, if requested, requires the specified lawful basis and further court relief: [BASIS / PERIOD / AMOUNT / NONE]. Credit all payments and amounts already applied from any deposit.

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

(HRS §§ 521-44, 521-51, and 666-7)

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. Plaintiff requests only the proven amount caused by Defendant(s)' failure to comply with § 521-51, excluding reasonable wear and tear and unsupported improvements. Any deposit application is limited to § 521-44 purposes and requires its applicable accounting. Deposit actually credited to this claim: $[AMOUNT]; net damages requested: $[AMOUNT]. No duplicate recovery is sought.

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 requests reasonable fees only on the qualifying claim and basis: [ASSUMPSIT / WRITTEN-CONTRACT FEE CLAUSE / OTHER AUTHORITY]. For a Lease fee term in an unpaid-rent suit, § 521-35(a) requires default and referral to an attorney who is not a salaried employee of Landlord or assignee and caps reasonable fees at 25% of unpaid rent. Section 521-35(b) permits a prevailing-party fee and cost provision for other Chapter 521 matters; a violating provision is unenforceable. Apply § 607-14's reasonable-fee affidavit, judgment-base and contract-rate limits where applicable; the label "summary possession" alone is not a fee entitlement. Costs/disbursements requested under § 607-9 remain subject to court reasonableness and taxation.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests the following relief against each Defendant to the extent that Defendant's liability is established. Basis for any requested joint liability: [CONTRACT / FACTS / AUTHORITY / NONE].

A. For a Judgment of Possession of the Premises in favor of Plaintiff;
B. For issuance of a Writ of Possession directed to a recipient authorized under § 666-11 and executed according to § 666-12, subject to applicable stays;
C. For the proven Count II amounts of $[________], with accrued amounts up to judgment under § 666-7 and holdover compensation subject to § 521-71(e), after all credits;
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 only as authorized by the qualifying contract/statutory basis and subject to HRS §§ 521-35, 607-9, and 607-14 as applicable;
F. For postjudgment interest at ten percent per year under HRS § 478-3; for prejudgment interest only if awarded on a supported basis, with commencement determined under § 636-16. Requested prejudgment basis, rate, date, and calculation: [DETAILS / NONE];
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. TRIAL / JURY DEMAND STATEMENT

Plaintiff selects:

☐ No jury demand is made by Plaintiff in this pleading.

☐ Plaintiff demands trial by jury on the following issues triable of right: [SPECIFIED ISSUES], under HRS § 604-5(b) and DCRCP Rule 38. The demand is served in writing no later than ten days after the case is at issue, filed as required, and accompanied by the applicable circuit-court jury costs paid to the District Court clerk. Rule 38 provides for transfer to Circuit Court and transmittal of the papers within twenty days after filing the demand. This selection does not assume that every claim is jury-triable or that possession automatically remains in District Court.

Demand service date / filing date / fee record: [DETAILS]

Approved and So Ordered.

________________________________ Date: [__/__/____]
Judge of the District Court

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 (10-calendar-day nonpayment notice, 10-day cure/quit, 45-day no-cause, or 120-day demolition/conversion) and proof of delivery
• Exhibit "C" — Mediation-center verification or landlord affirmation showing delivery of the ten-calendar-day notice (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. FILING AND ENFORCEMENT NOTES

1. Filing papers: DCRCP Rule 3(a) requires a complaint including a civil information sheet. Use the current circuit caption, issued summons, and filing instructions. The Judiciary publishes separate Act 278 nonpayment and non-Act-278 complaint forms; check the form applicable to the actual grounds.
2. Service: Serve the issued summons and complaint together under DCRCP Rule 4 and HRS § 666-8. Notice delivery is distinct from lawsuit service. Out-of-state inability-to-serve requires the special court-order procedure in § 666-8, including its posting, agent/employee, and mail conditions.
3. Return day: HRS § 666-9 and DCRCP Rule 12(a) govern the court-set date: next court session no less than five days after same-circuit service, seven after another-circuit service, or ten after court-ordered posting and delivery/mailing when Defendant cannot be found in the State. Apply Rule 6(a)'s computation, including exclusion of intermediate Saturdays, Sundays, and holidays for a period shorter than seven days. Follow the summons and the court's trial setting.
4. Mediation: Plead the actual § 521-68 notice, proof, scheduling, participation, and filing facts. The official September 2026 Act 278 FAQ confirms the center-verification or landlord-declaration alternative and that covered HUD tenancies must also comply with independently required notices.
5. Jury: Section 604-5(b) and Rule 38 govern a timely demand for issues triable of right. Include the approval endorsement, service, filing, and costs, and address the transfer required by Rule 38.
6. Writ: Sections 666-11 and 666-12 govern issuance to an authorized recipient and execution. In a nonpayment proceeding, § 666-14 stays issuance if, before actual issuance, Tenant pays rent due, eight-percent annual interest on it, all proceeding costs and charges, and Plaintiff's expenses including a reasonable attorney fee. This is a distinct provision from § 478-3 judgment interest. Section 521-63(c) separately governs unlawful overnight removal or exclusion.
7. Rent trust fund: Section 666-21 concerns court-ordered disputed-rent deposits on either party’s request, subject to its exceptions, and governs disbursement.
8. Fees and credits: Identify a qualifying fee basis and apply § 521-35 and § 607-14 where applicable. Section 607-9 does not automatically award every expense. Separate rent, other charges, holdover compensation, deposits, and payments to prevent duplicate recovery.

17. CURRENT OFFICIAL SOURCES

• Current Hawaii Revised Statutes, including the individual sections quoted in the sources above.
• Current DCRCP, Rules 3, 4, 6, 11, 12, 17, and 38.
• Current Judiciary rules index and 2026 amendment orders.
• First Circuit complaint forms, including Act 278 nonpayment complaint and other complaint grounds.
• September 2026 Act 278 FAQ.
• Act 278, SLH 2025.

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