Eviction for Unpaid Rent
HRS 521-68 — a ten calendar day notice that also goes to a free mediation center, and twenty days if mediation is scheduled
Once rent is due, the landlord may give written notice that the rental agreement will end unless the rent is paid within a stated time of not less than ten calendar days after the tenant receives it. Posted on the unit, it is received that day; mailed, two business days after the postmark.
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- The notice states the amount due after all payments from every source, the landlord's contact information, and a warning about mediation in bold type.
- The landlord also sends a copy to a state funded mediation center that offers free mediation, in person or remotely.
- If mediation is not scheduled within the ten calendar days, the landlord may file for summary possession after they run.
- If it is scheduled within them, the landlord may file only after twenty calendar days from receipt of the notice, unless the tenant fails to attend or cancels, and the landlord takes part if the tenant schedules it.
If the court finds the landlord entitled to possession, it gives judgment for possession, and a writ of possession issues to a sheriff, police officer or listed process server to remove everyone from the premises.
Paying before the writ issues. In a case for nonpayment of rent, the writ is stayed if the tenant, before it actually issues, pays the rent due with interest at eight per cent a year, and all the costs and expenses of the proceeding, including a reasonable attorney's fee.
Sources for this section (4)
- HRS 521-68 — Landlord's remedies for failure by tenant to pay rent; prelitigation mediation
- HRS 666-1 — Summary possession on termination or forfeiture of lease
- HRS 666-11 — Judgment; writ of possession
- HRS 666-14 — Writ stayed how, in proceedings for nonpayment of rent
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.