This is the official Landlord/Tenant Complaint used to file for eviction in the Second Judicial Circuit, which is comprised of the islands of Maui, Molokai, Lanai, Kahoolawe and Molokini. Note that this complaint cannot be filed until you have served the tenant with either the 5 Day Notice to Pay Rent (in the case of nonpayment) or the 10 Day Notice to Cure (in the case of a lease infraction/violation).
Who: This complaint is filled out and given to the Clerk of Court. You (the landlord) will be the only one required to fill out any fields on this form. It will not be given to the tenant – it goes straight to the court. However, it cannot be filed before the expiration of the notice period that started when you served your tenant with either the 5 Day Notice to Pay Rent or the 10 Day Notice to Cure.
What: This is the formal court complaint needed to begin the eviction process in Hawaii’s Second Circuit Court. In terms of format and required fields, it follow the format used on the complaint form for the First Circuit Court.
You’ll need to provide the following information:
- Your name (plaintiff)
- The tenant’s name (the defendant; make sure to list all tenants on the lease)
- The address of the property
- The lease situation (formal written, oral with no written lease, or expired lease)
- The way in which the tenant broke the lease (nonpayment or a violation of lease terms)
- The type of notice provided to the tenant (the 5 Day Notice to Pay Rent, the 10 Day Notice to Cure, or the 45 Day Termination of Month-to-Month Tenancy notices)
- You’ll need to attach a copy of the lease with the tenant’s signature (if this is a formal lease situation)
When: This is completed and filed with the district court with any applicable fees. Make sure that the notice period has expired before filing the complaint. You cannot begin the eviction process until the waiting period is over (5, 10 or 45 days depending on the type of notice used). After filing, a summons will be issued to the tenant, and he or she will have to appear in court before the judge issues a ruling on the case.
Tips and Tricks for Landlords: Ensure that you’re familiar with the language of the lease agreement, as this is the grounds for your entire case.