Eviction Notice and Summary Possession Complaint Package - Hawaii

EVICTION NOTICE AND SUMMARY POSSESSION COMPLAINT PACKAGE — HAWAII

TABLE OF CONTENTS

1. Pre-Filing Compliance Checklist (Act 278 Mediation)
2. Document A — Ten (10)-Day Notice of Nonpayment of Rent (with Mediation Disclosures)
3. Document B — Ten (10)-Day Notice of Material Noncompliance
4. Document C — Five (5)-Day Notice of Termination (Drug-Related Criminal Activity)
5. Document D — Forty-Five (45)-Day Notice of Termination of Periodic Tenancy
6. Document E — Affidavit / Declaration of Service of Notice
7. Document F — Complaint for Summary Possession
8. Document G — Summons
9. Document H — Proposed Judgment for Possession and Writ of Possession
10. Hawaii Practice Notes
11. Sources and References

1. PRE-FILING COMPLIANCE CHECKLIST (ACT 278 MEDIATION)

☐ Confirm HRS Ch. 521 applies (residential; exemptions under § 521-7 do not apply).
☐ Confirm written or oral lease; obtain rent ledger.
☐ Confirm correct notice ground (10-day nonpayment / 10-day cure / 5-day drug / 45-day periodic).
☐ For NONPAYMENT, after Feb. 5, 2026:
☐ Prepare statutorily compliant 10-Day Notice with all § 521-68(b) disclosures.
☐ Upload Notice and Landlord Intake Form to https://www.mediationcentersofhawaii.org/.
☐ Identify the correct island mediation center (Oahu, East/West Hawaii, Maui, Kauai).
☐ Wait at least 10 calendar days from tenant's receipt; if mediation is scheduled, wait 20 calendar days from receipt (unless tenant cancels / fails to attend).
☐ For OTHER lease breach, serve 10-day cure notice under § 521-69.
☐ For DRUG-RELATED activity, serve 5-day unconditional quit notice under § 521-69(d).
☐ Confirm service method under § 521-68(f) / DCRCP Rule 4.
☐ Confirm no protected status (SCRA, federally subsidized housing, kupuna housing rules).

2. DOCUMENT A — TEN (10)-DAY NOTICE OF NONPAYMENT OF RENT (WITH MEDIATION DISCLOSURES)

(Haw. Rev. Stat. § 521-68, as amended by Act 278, SLH 2025)

TO: [TENANT FULL NAME (and any co-tenants)]
PREMISES: [STREET ADDRESS, UNIT NUMBER]
[CITY], HAWAII [ZIP CODE]

FROM: [LANDLORD NAME]
[LANDLORD MAILING ADDRESS]
Telephone: [____________]
Email: [____________]
[All other landlord contact information required by § 521-68(b)(1)]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that rent is past due for the residential dwelling unit located at the address above. Pursuant to Haw. Rev. Stat. § 521-68, as amended by Act 278, Session Laws of Hawai'i 2025, you must pay the full amount of rent due within TEN (10) CALENDAR DAYS of your receipt of this Notice, or the rental agreement may be terminated and the Landlord may file an action for summary possession.

Statutorily Required Information (HRS § 521-68(b))

(1) Landlord identity and contact information:
Name: [____________________________________]
Address: [____________________________________]
Telephone: [____________]
Email: [____________]

(2) Address of residential rental property:
[STREET ADDRESS, UNIT NUMBER, CITY, HAWAII, ZIP]

(3) Tenant name(s) and contact information (if known):
[____________________________________]

(4) Monthly rental rate: $[__________]

(5) Current outstanding balance of rent due (minus any payments and rental assistance received):

(6) Rental assistance status: ☐ Landlord has applied for rental assistance ☐ Landlord has been contacted by a rental assistance agency ☐ Not applicable.

(7) Rental assistance received has been credited to the tenant's amount due as set forth above.

(8) Mediation referral. A copy of this Notice is being provided to [NAME OF ISLAND MEDIATION CENTER] (the "Mediation Center") so that the Mediation Center may contact you to schedule mediation regarding the nonpayment of rent. Contact information for the Mediation Center:

[NAME, ADDRESS, PHONE, WEBSITE OF MEDIATION CENTER]

(9) The Mediation Center will provide proof to the Landlord that this Notice was received and will confirm any scheduled mediation.

(10) The Landlord may file an eviction action in court after ten (10) calendar days if mediation is NOT scheduled during the 10-day period.

(11) WARNING — Mediation Scheduling. If mediation is timely scheduled with the Tenant during the 10-day period (even if the actual mediation occurs later), the Landlord must wait twenty (20) calendar days from the Tenant's receipt of this Notice before filing an eviction action. The Landlord must note the status of the mediation and provide proof of service when the case is filed in court. If this Notice is mailed, the 10 days starts two (2) days after postmark; if this Notice is posted on the premises, the 10 days starts on the date of posting.

(12) Eviction may be subject to additional state or federal restrictions or requirements. You are encouraged to seek your own legal advice.

(13) If mediation is scheduled, the Landlord is required to engage in the mediation.

Cure Option

You may avoid termination of the rental agreement and the filing of a summary possession action by paying the full outstanding balance shown above. Acceptable payment forms: [CASH / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / ELECTRONIC TRANSFER]. Deliver payment to:

[PAYEE NAME]
[ADDRESS]
[CITY], HAWAII [ZIP]
between [____] a.m. and [____] p.m., Monday through [____].

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

3. DOCUMENT B — TEN (10)-DAY NOTICE OF MATERIAL NONCOMPLIANCE

(Haw. Rev. Stat. § 521-69)

TO: [TENANT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with Haw. Rev. Stat. § 521-51 (tenant's obligations) and/or the rental agreement in the following respect(s):

Description of Breach

[GUIDANCE: Identify the specific provision of HRS § 521-51 or the lease section breached, with date, time, conduct, and witnesses.]

[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Cure Required

Pursuant to Haw. Rev. Stat. § 521-69, you have TEN (10) DAYS after receipt of this Notice to remedy the breach. The Notice specifies the breach and the required cure. If the breach is remedied within ten (10) days, the rental agreement shall not terminate.

Specific Acts Required to Cure

☐ [____________________________________________]
☐ [____________________________________________]
☐ [____________________________________________]

Consequence of Failure to Cure

If you fail to remedy the breach within ten (10) days, the rental agreement shall terminate and the Landlord will commence an action for summary possession under HRS Ch. 666.

Repeat Violation

If the same or substantially similar breach occurs again within twelve (12) months, the Landlord may terminate without further opportunity to cure on no less than ten (10) days' written notice, specifying the prior breach and the recurrence.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

4. DOCUMENT C — FIVE (5)-DAY NOTICE OF TERMINATION

(Drug-Related Criminal Activity — Unconditional Quit)

(Haw. Rev. Stat. § 521-69(d))

TO: [TENANT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that the Landlord is terminating the rental agreement effective FIVE (5) DAYS after service of this Notice, without opportunity to cure, pursuant to Haw. Rev. Stat. § 521-69(d), based on drug-related criminal activity on or in the immediate vicinity of the premises.

Grounds for Termination

You, an occupant, a member of your household, a guest, or a person under your control engaged in drug-related criminal activity on or in the immediate vicinity of the premises:

[Date, time, location, conduct, witnesses, police report number]
[____________________________________________________________]
[____________________________________________________________]

Demand for Possession

You are directed to vacate and surrender possession of the premises on or before [__/__/____] (five days from service). If you fail to do so, the Landlord will commence a summary possession action under HRS Ch. 666.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

5. DOCUMENT D — FORTY-FIVE (45)-DAY NOTICE OF TERMINATION OF PERIODIC TENANCY

(Haw. Rev. Stat. § 521-71(a))

TO: [TENANT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that, pursuant to Haw. Rev. Stat. § 521-71(a), the Landlord terminates your month-to-month tenancy effective [__/__/____] (not less than forty-five (45) calendar days from the date of this Notice).

You are directed to vacate the premises and deliver up peaceable possession on or before the termination date. If you fail to vacate, the Landlord will commence an action for summary possession under HRS Ch. 666.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

6. DOCUMENT E — AFFIDAVIT / DECLARATION OF SERVICE OF NOTICE

STATE OF HAWAII )
) ss.
[CITY AND COUNTY / COUNTY] OF [_________] )

I, [NAME OF SERVER], declare under penalty of perjury under the laws of the State of Hawaii:

1. I am over the age of eighteen (18) and not a party to this matter.

2. On [__/__/____], at approximately [____] [a.m. / p.m.], I served the foregoing [check one]:

☐ Ten (10)-Day Notice of Nonpayment of Rent
☐ Ten (10)-Day Notice of Material Noncompliance
☐ Five (5)-Day Notice of Termination (Drug-Related)
☐ Forty-Five (45)-Day Notice of Termination

upon [TENANT NAME], at the premises located at [________________________________], in the following manner:

☐ Personal delivery to the named tenant.
☐ Substituted delivery by leaving with a person of suitable age and discretion at the dwelling unit, namely [NAME / RELATIONSHIP], age approximately [____].
☐ Posting at a conspicuous place on the premises AND mailing by first-class mail on [__/__/____].
☐ First-class mail to the tenant's last known address (postmark date [__/__/____]); the 10-day period begins two (2) days after postmark.

3. [For nonpayment notices issued after Feb. 5, 2026] I confirm that the Landlord uploaded this Notice and a completed Landlord Intake Form to the Mediation Centers of Hawai'i website (https://www.mediationcentersofhawaii.org/) on [__/__/____].

Server's Name: [________________________________]
Capacity: ☐ Landlord ☐ Agent ☐ Process Server ☐ Other [______]
Signature: _________________________________
Date: [__/__/____]

7. DOCUMENT F — COMPLAINT FOR SUMMARY POSSESSION

IN THE DISTRICT COURT OF THE [____________] CIRCUIT

STATE OF HAWAII

Case No. [________________________________]

COMPLAINT FOR SUMMARY POSSESSION

(Haw. Rev. Stat. Ch. 666; HRS Ch. 521)

Plaintiff, by and through [self / undersigned counsel], for cause of action against Defendant(s), alleges as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is the [☐ owner ☐ authorized agent of the owner] of the residential rental property located at [STREET ADDRESS, UNIT], [CITY], Hawaii [ZIP] (the "Premises").

2. Defendant is the tenant in possession of the Premises under a [☐ written ☐ oral] rental agreement entered into on or about [__/__/____], with monthly rent of $[__________] payable on the [____] day of each month.

3. This Court has jurisdiction and venue pursuant to HRS § 604-5(a) and § 666-6 because the Premises are located in the [____________] Circuit.

II. GROUNDS FOR SUMMARY POSSESSION

4. (Check all that apply.)

☐ Nonpayment of rent (HRS § 521-68). Defendant has failed to pay rent in the amount of $[__________] for the periods of [________________________________]. Plaintiff served the statutorily compliant Ten (10)-Day Notice of Nonpayment of Rent on [__/__/____] and uploaded the Notice to the Mediation Centers of Hawai'i website on [__/__/____]. (Exhibit A.) [Check one]:
☐ Mediation was not scheduled within 10 calendar days, and more than 10 calendar days have elapsed since Defendant's receipt of the Notice.
☐ Mediation was scheduled, and more than 20 calendar days have elapsed since Defendant's receipt of the Notice.
☐ Defendant cancelled or failed to attend the scheduled mediation.

☐ Material noncompliance (HRS § 521-69). Defendant materially breached HRS § 521-51 and/or the rental agreement by [________________________________]. Plaintiff served a Ten (10)-Day Notice of Material Noncompliance on [__/__/____]. Defendant failed to cure within 10 days. (Exhibit B.)

☐ Drug-related criminal activity (HRS § 521-69(d)). Defendant or a person under Defendant's control engaged in drug-related criminal activity on or near the Premises. Plaintiff served a Five (5)-Day Notice on [__/__/____]. (Exhibit C.)

☐ Holdover after termination (HRS § 521-71 / § 521-72). Tenancy was terminated effective [__/__/____] by [45-day landlord notice / 28-day tenant notice / expiration of fixed term]. Defendant continues to occupy the Premises after termination.

5. Defendant's continued possession of the Premises is wrongful and unlawful, and Plaintiff is entitled to summary possession under HRS Ch. 666.

III. DAMAGES

6. Plaintiff is damaged as follows:

7. Rent and damages continue to accrue at the per diem rate of $[__________] until possession is restored.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

A. Judgment for Possession awarding the Premises to Plaintiff;
B. Money judgment in the amounts itemized above, plus per diem rent;
C. Writ of Possession directing the Sheriff to remove Defendant and all occupants from the Premises;
D. Costs of suit and reasonable attorney's fees under HRS § 607-14; and
E. Such other relief as the Court deems just and equitable.

Dated: [__/__/____]

_________________________________
[ATTORNEY / PLAINTIFF NAME], Bar No. [____]
[FIRM NAME]
[ADDRESS]
[CITY], HAWAII [ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Plaintiff [or Plaintiff Pro Se]

VERIFICATION / DECLARATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Hawaii that I have read the foregoing Complaint and the facts stated therein are true and correct to the best of my knowledge.

Executed at [____________], Hawaii, on [__/__/____].

_________________________________
[PLAINTIFF NAME]

8. DOCUMENT G — SUMMONS

IN THE DISTRICT COURT OF THE [____________] CIRCUIT

STATE OF HAWAII

Case No. [________________________________]

SUMMONS (SUMMARY POSSESSION)

TO THE DEFENDANT: [TENANT NAME]

A Complaint for Summary Possession has been filed against you in the District Court of the [____________] Circuit, State of Hawaii. A copy of the Complaint is served with this Summons.

RETURN HEARING DATE: [__/__/____]
TIME: [____] [a.m. / p.m.]
LOCATION: [COURT ADDRESS]
JUDGE: [____________]

You are commanded to appear in court at the time and place stated above to answer the Complaint. The return hearing shall be scheduled within a reasonable time after service in accordance with HRS § 666-11 and the District Court Rules of Civil Procedure.

IF YOU FAIL TO APPEAR, the Court may enter a default judgment against you for possession of the Premises and the damages sought in the Complaint, and a Writ of Possession may issue to remove you from the Premises.

You may file a written Answer or appear in person at the return hearing. You have the right to be represented by an attorney. Free or low-cost legal assistance may be available through Legal Aid Society of Hawai'i (808-536-4302 / 1-800-499-4302).

EMPLOYER'S DUTY: Pursuant to Hawaii law, your employer may not discipline or terminate you for taking time off to attend this hearing if you provide reasonable advance notice.

Issued: [__/__/____]

_________________________________
Clerk of the District Court

RETURN OF SERVICE

I, [SERVER NAME], certify under penalty of perjury that on [__/__/____] at [____] [a.m. / p.m.], I served this Summons and the attached Complaint upon [DEFENDANT NAME] at [ADDRESS], by:

☐ Personal delivery
☐ Substituted service (left with [NAME / RELATIONSHIP] at usual abode)
☐ Posting and mailing (with court permission)
☐ Other [____________]

_________________________________
[Sheriff / Process Server / Designated Server]

9. DOCUMENT H — PROPOSED JUDGMENT FOR POSSESSION AND WRIT OF POSSESSION

IN THE DISTRICT COURT OF THE [____________] CIRCUIT

STATE OF HAWAII

Case No. [________________________________]

JUDGMENT FOR POSSESSION AND WRIT OF POSSESSION

THIS MATTER came before the Court on [__/__/____]. The Court, having considered the pleadings and evidence, FINDS:

1. The Court has jurisdiction over the subject matter and the parties.
2. Defendant was duly served with the statutory notice and the Summons and Complaint in accordance with HRS § 521-68/521-69, Act 278, and the District Court Rules of Civil Procedure.
3. [For nonpayment cases] Plaintiff complied with the Act 278 mediation requirements.
4. Plaintiff is entitled to immediate possession of the Premises located at [________________________________].

IT IS ORDERED, ADJUDGED, AND DECREED:

A. Judgment for Possession is entered in favor of Plaintiff and against Defendant;
B. Money Judgment is entered against Defendant in the total amount of $[__________], itemized as follows:

C. Writ of Possession shall issue forthwith.

DATED: [__/__/____]

_________________________________
District Court Judge

WRIT OF POSSESSION

TO THE SHERIFF OF [____________] / CHIEF OF POLICE:

YOU ARE COMMANDED to remove Defendant [NAME] and all other occupants from the Premises located at [________________________________], and to restore peaceful possession to Plaintiff [NAME].

Issued: [__/__/____]

_________________________________
Clerk of the District Court

10. HAWAII PRACTICE NOTES

10.1 Statutory Authority Snapshot (Post-Act 278)

10.2 Act 278 Mediation Pilot Program

Act 278 (SLH 2025) creates a two-year mediation pilot program (Feb. 5, 2026 – Feb. 4, 2028). Key requirements:

1. Landlord must provide the statutorily compliant 10-Day Notice with all § 521-68(b) disclosures.
2. Landlord must upload the Notice and a Landlord Intake Form to https://www.mediationcentersofhawaii.org/.
3. The Mediation Center will contact the tenant about scheduling mediation.
4. If mediation is NOT scheduled within 10 calendar days of tenant's receipt, the landlord may file.
5. If mediation IS scheduled within that period, the landlord must wait at least 20 calendar days from receipt before filing (unless the tenant cancels or no-shows).
6. The landlord MUST engage in mediation if scheduled.
7. Mailing: 10-day period starts 2 days after postmark. Posting: 10-day period starts on the date of posting.

10.3 Late Fees (§ 521-21(f))

Late fees may not exceed 8% of the amount of rent due. Lease provisions imposing higher amounts are void.

10.4 Security Deposits (§ 521-44)

Maximum one month's rent (plus optional pet deposit). Return within fourteen (14) days of termination with itemized accounting. Failure to comply may forfeit the entire deposit.

10.5 Self-Help Prohibited (§ 521-63)

Self-help eviction (lockout, utility shut-off, removal of belongings without writ) is prohibited and entitles the tenant to recover free occupation of the dwelling unit for not less than two months OR treble damages, plus reasonable attorney's fees.

10.6 Tenant Defenses Commonly Raised

☐ Defective notice (missing § 521-68(b) disclosures; no mediation referral)
☐ Failure to upload Notice to Mediation Centers website
☐ Premature filing (within 10/20-day waiting period)
☐ Breach of implied warranty of habitability (§ 521-42)
☐ Retaliatory eviction (§ 521-74)
☐ Acceptance of rent after notice (waiver)
☐ Domestic-violence protections (§ 521-80 et seq.)
☐ Servicemembers Civil Relief Act
☐ Federal subsidized-housing termination requirements

10.7 Forum

Summary possession actions are filed in the District Court of the circuit where the property is located:

• First Circuit: Oahu
• Second Circuit: Maui, Molokai, Lanai
• Third Circuit: Hawaii Island
• Fifth Circuit: Kauai, Niihau

10.8 Service of Process

Service of the Summons and Complaint is governed by the District Court Rules of Civil Procedure Rule 4. Personal service is required where feasible; substituted service or service by publication requires court order.

11. SOURCES AND REFERENCES

• Haw. Rev. Stat. Ch. 521 (Residential Landlord-Tenant Code): https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/
• Haw. Rev. Stat. Ch. 666 (Summary Possession): https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0666/
• Act 278, Session Laws of Hawai'i 2025 (Mediation Pilot Program): https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act278.pdf
• Mediation Centers of Hawai'i: https://www.mediationcentersofhawaii.org/
• Hawaii Residential Landlord-Tenant Information Center: https://cca.hawaii.gov/landlord-tenant-information-center/
• Legal Aid Society of Hawai'i — Eviction Notice Requirements: https://www.legalaidhawaii.org
• HRS § 521-68 — 10-Day Notice for Landlords (analysis): https://www.jkamattorney.com/practice-areas/5-business-day-notice-for-landlords/