Hawaii Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

In Hawaii, a Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document utilized by landlords or property owners to restore possession of the premises when a tenant or occupant refuses to vacate the property upon demand. This complaint is applicable in cases where the tenant's occupancy has expired, the lease has been terminated, or the tenant has breached the terms of the rental agreement. Keywords: Hawaii, Complaint for Forcible Entry and Detained, Defendant, Surrender, Premises, Demand, Landlord, Tenant, Occupant, Vacate, Property, Lease, Rental Agreement. Different types of Hawaii Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand may include: 1. Residential Forcible Entry and Detained Complaint: This type of complaint is filed by residential landlords to regain possession of their residential property when a tenant refuses to vacate. 2. Commercial Forcible Entry and Detained Complaint: This complaint is used by commercial property owners or landlords to remove a commercial tenant who has refused to surrender the premises despite termination of the lease or expiration of the occupancy. 3. Landlord-Occupant Forcible Entry and Detained Complaint: This type of complaint is filed when the landlord seeks to regain possession from an occupant who is not a tenant but is residing on the property without permission or legal right. 4. Post-Foreclosure Forcible Entry and Detained Complaint: In situations where a property has been foreclosed, this complaint may be used by the new owner or lender to regain possession from the previous owner or occupant who refuses to surrender the premises. 5. Holdover Forcible Entry and Detained Complaint: This complaint is filed when a tenant remains on the property after the expiration of the lease term without the landlord's consent. It is important to consult with a legal professional or review specific state laws to ensure accurate and appropriate use of the Hawaii Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand.

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FAQ

Unlawful Detainer (UD or eviction) cases are by statute initially restricted from public access for 60 days, and do not appear on the Case Number Search. If you are a participant in a restricted UD case and want to view the ROA, enter the information below to search for your case.

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 Motion to Quash Service is filed when you say the landlord didn't serve the Summons and Complaint properly. If you win, the landlord has to re-serve the Summons and Complaint. If the landlord wins, you'll have to file an Answer to the Complaint right away.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Illegal landlord actions include discrimination, failing to provide necessary repairs or maintenance, unlawful eviction, and violating tenants' privacy rights.

After the Writ of Execution has been served to the tenants, they will be given a grace period of 5 days to vacate the property. The sheriff will execute the eviction and forcibly remove them if they remain in the property after the grace period given to them.

A Demurrer is filed by the tenant to say the Complaint doesn't include all the facts or legal requirements to prove they should be evicted. A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice.

Section 4024 of the CARES Act prohibits landlords from requiring tenants to vacate ?before the date that is 30 days after the date ? that the landlord provides the tenant with a notice to vacate.? This prohibition applies only when a tenant fails to pay rent or other fees or charges due under their tenancy agreement.

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Every person is guilty of a forcible entry who either—(1) By breaking open windows, doors or other parts of a house, or by fraud, intimidation or stealth, ... Apr 10, 2019 — If the Defendant(s) refuse(s) to leave, you can file a lawsuit with the court to evict the Defendant(s). STEP 2 Complete the forms. Complete the ...It is designed to be a useful guide for all Hawaii residents and attempts to address the questions and concerns most frequently expressed by landlords and ... FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (1) is a tenant or a ... Feb 7, 2023 — We hold, therefore, that the written demand to surrender, which is a prerequisite to filing a forcible entry and detainer action against a month ... File with the Court a copy of the Demand for Compliance or Right to Possession Notice or Notice to Quit. Please mark as Exhibit “B”. US Legal Forms is the best platform for finding updated Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand templates. demand is made for the surrender of the property, refusing for a period of three days to surrender the property to the former occupant. (3) "Forcible entry" ... Complaint and Summons Against a Tenant Holding Over. A landlord files this when he or she alleges the tenant refuses to leave the property after the lease term ... 5) FORCIBLE ENTRY AND DETAINER SUITS (Where a person enters the property without legal authority or by force and refuses to surrender possession on demand):.

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Hawaii Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand