Hawaii Official Landlord Tenant Complaint (3rd Circuit Court)

This is the official Landlord/Tenant Complaint used to file for eviction in the Third Judicial Circuit, which comprises the entire island of Hawaii.

Who: You (the landlord) must fill out the complaint and file it with the Clerk of Court for the Third Judicial Circuit. Only you will be required to fill out the fields on this form – the tenant will not be required to provide any information.

What: This is the formal complaint required to start the actual eviction process. In format, it is very similar to the forms used in the First and Second Judicial Circuits (with a few differences) and includes several important fields that must be completed for the complaint to be usable and for the eviction process to move forward.

Pay close attention to the following areas:
• Your name (plaintiff)
• The tenant’s name (defendant)
• The street address of the property in question, including city and state
• The type of rental agreement being used:
• Formal written
• Oral (no written)
• Expired written
• Include a copy of the lease agreement with the complaint form (even if it’s expired)
• How the tenant broke the lease:
• Nonpayment of rent (include the amount due)
• Lease violation (include the type of violation)
• When written notice was given to the tenant (date and copy of the notice)

When: Complete and file this with the District Court along with any fees required. You cannot file a formal complaint until the waiting period specified in the formal notice that was given to the tenant has expired.

For instance, if you served the tenant with a 5 Day Notice to Pay Rent, you cannot file the formal complaint until 5 business days have passed without the tenant making payment. In the case of a 10 Day Notice to Cure, you cannot file a formal complaint until 10 business days have passed during which the tenant continues to commit the violation (or if the tenant commits the violation again after the 10 days is over).

Once the formal complaint has been filed, the court will require the tenant to appear and a judgment will be made on the case.

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

Tips and Tricks for Landlords: The waiting period specified in the official notice to the tenant must have ended before you can file a formal complaint. Ensure that you’re following the stipulations set out in the lease agreement, as well.