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When tenants fail to pay rent or violate the terms of their lease agreement in Hawaii, landlords may resort to a legal action called a summary possession lawsuit to reclaim their property. In Hawaii, summary possession is used in eviction cases. This process is a critical part of the eviction procedure in the state and serves as a way for landlords to remove tenants who are not complying with the terms of their rental agreement.
If you are a landlord, understanding how summary possession lawsuits work can help you navigate the legal system, avoid costly mistakes, and ensure that your rights are protected. This blog post will break down what summary possession lawsuits are, how they work, and the steps involved.
A summary possession lawsuit is the formal legal action a landlord can take to regain possession of their rental property. This type of lawsuit is specifically designed for situations where the tenant has failed to comply with the terms of the lease agreement, such as by not paying rent or violating lease terms.
In Hawaii, landlords may file for summary possession for various reasons, but the most common grounds include:
Non-payment of Rent: If a tenant fails to pay rent within the required time frame, the landlord can initiate the summary possession process. According to Hawaii law, a landlord must give the tenant a 5-day notice demanding payment before they can file for eviction.
Violation of Lease Terms: If a tenant violates other terms of the lease, such as engaging in illegal activity, damaging the property, or causing disturbances, the landlord can issue a 10-day notice to cure the violations. If the tenant fails to comply, the landlord can file for summary possession.
Failure to Vacate: If a tenant stays beyond the lease's expiration, the landlord may file a summary possession lawsuit.
A summary possession lawsuit is a powerful tool for landlords in Hawaii to reclaim their property when tenants fail to meet the terms of their lease. However, both landlords and tenants must follow the appropriate legal procedures to ensure their rights are protected. For landlords, ensuring that all notices are properly issued and that the court process is followed is crucial to avoiding delays and potential legal issues.
Lawsuits for summary possession are oftentimes exceedingly difficult to navigate without an attorney. Attorney Jill L. Uehara has successfully litigated summary possession lawsuits on Maui, Molokai, and Oahu and has achieved favorable outcomes for many of her clients. Jill understands the stakes are high and circumstances are very emotional. Please reach out to Maui Law LLLC for assistance with your summary possession lawsuit and schedule a free consultation for peace of mind and the professional evaluation of your case.
This blog is for informational purposes only and is not legal advice.