This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
Hawaii Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
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Multi-State
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US-00867BG
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How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?
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FAQ
In Hawaii, a landlord cannot sell, give away, or throw out a tenant's abandoned property without providing a tenant a notice and then wait for fifteen days. (See: Hawaii Revised Statutes § 521-56.) Hawaii forbids landlords from taking the law into their own hands.
A landlord must give the tenant 45 days notice, while the tenant must give 28 days notice. Tenants who remain on the premises after the rental agreement ends, without the landlord's consent, are called holdover tenants and may be charged double rent.
Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.
Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease.
Hawaii Eviction Process Timeline Notice Received by TenantsAverage TimelineTenant Files for Appearance5-7 daysCourt Hearing and JudgmentA few days to a few weeksIssuance of Writ of PossessionA few hours to a few daysReturn of Rental UnitA few days to a few weeks2 more rows ?
Rent and Fees Late Fees: 8% of the amount due (HRS § 521-21(f)). Grace Period: There is no mandatory grace period in Hawaii. NSF/Bounced Check Fee Maximum: If the tenant's rent check bounces, the landlord may charge a fee of $30 (HRS § 4-506.5).
Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted.
That said, no one should remain in the home without a lease agreement. So, instead of evicting the tenant, open the lines of communication and offer them a month-to-month lease option. Providing the tenant holding over is still paying rent, this is a great option to protect both parties with a signed agreement.