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.

Hawaii State Specific Documents

• Hawaii 5 Day Notice to Pay Rent: This notice should be used for Tenants that have fallen behind on rent payments. It’s a necessary first step in the eviction process.
• Hawaii 10 Day Notice to Cure: This notice should be used for a Lease violation other than nonpayment of rent. It’s a necessary first step in the eviction process.
• Hawaii Official Landlord Tenant Complaint (1st Circuit): This is the document Landlords on the Island of O’ahu should use to initiate eviction proceedings.
• Hawaii Official Landlord Tenant Complaint (2nd Circuit): Landlords in the 2nd Circuit, which includes Maui, Molokai, Lanai, Kahoolawe, and Molokini, shoulduse this document to start the eviction process.
• Hawaii Official Landlord Tenant Complaint (3rd Circuit): Landlords on the Island of Hawaii should use this complaint to start an eviction.
• Hawaii Official Landlord Tenant Complaint (5th Circuit): Landlords in Kauai and Niihau should use this form to initiate eviction proceedings.
• Hawaii Landlord-Tenant Handbook: This user-friendly resource outlines Landlord and Tenant rights and serves as a helpful tool for Hawaii Landlords.

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State-Specific Forms