Hawaii Official Landlord Tenant Complaint (1st Circuit Court)

This is the official Landlord/Tenant Complaint used to file for eviction in the First Judicial Circuit, which is comprised of the island of Oahu.

Please Note: Your case may be heard at a District Court other than Honolulu, depending on where the person being sued lives. The Honolulu District Court can give you information about the locations of all the District Courts on Oahu and the days that landlord/tenant cases are heard there.

Who: This is the official Landlord/Tenant Complaint used to file for eviction in the First Judicial Circuit, comprised of the island of Oahu. Note that you must have served the tenant with either the 5 Day Notice to Pay Rent or the 10 Day Notice to Cure. If the tenant does not remedy the situation (by paying the rent if they’re behind or by curing the lease violation), then you need to proceed with the eviction. This is the formal start to that process.

What: This is a formal Court Complaint to begin the eviction proceedings. There are several important fields on the form to understand, as well.
• Plaintiff: Your name
• Defendant: The tenant(s)
• Premises Address: The address of the rental property
• Complaint Section: Check the boxes that apply, including if there is a lease, if there is no written lease, if the lease is expired. You’ll also need to check the reason for the tenant breaking the lease (the amount of back rent, or the reason if nonpayment is not the problem). Make sure to fill in the date when formal notice was given to the tenant and what type of notice was given.

When: This is completed and filed with the District Court with any applicable fees. Note that the waiting period for any notice must have expired before this form is filed (5 days in the case of a nonpayment of rent notice and 10 days for a notice to cure). Once you file this complaint, the tenant will be issued a summons to appear before the court, and then the judge will make a ruling. If the judge sides with you (the landlord), you will work out an eviction date with the sheriff.

Resources:
• Sample Hawaii Lease Agreement
• Hawaii’s Law Summary
• Further Reading: Move Out and Eviction Articles

Tips and Tricks for Landlords: Make sure that you have served the tenant with the appropriate notice prior to filing the official complaint and beginning the eviction process.