An eviction occurs when the lease is terminated by the landlord by providing notice, and the tenant fails to move out.
"Self-Help" Evictions are Illegal.
Landlords must use the State of Hawai`i court process to evict tenants. Landlords cannot change the locks, shut the utilities off or otherwise physically act to remove tenants without going through the court process.
If a landlord engages in a self-help eviction, the tenant may be entitled to significant money damages. If a landlord threatens a self-help eviction, the tenant may obtain a Temporary Restraining Order (TRO) to prevent the landlord from doing so. Please visit Online Classroom "Tenant Rights: How to Stop your Landlord from Locking you out Illegally."
Tenants who remain in the rental unit after the rental agreement/lease expires without landlord consent are holdover tenants. Holdover tenants may be liable to their landlord two times their monthly rent under the previous rental agreement.
The landlord can bring a Summary Possession/Eviction law suit against holdover tenant within 60 days of holdover. If the landlord fails to start a law suit within the first 60 days of the holdover, without a rental agreement, a new month-to-month tenancy is established at the start of the end of the 60 days of holdover.
If you would like more information on the court process of eviction, click here for the online classroom.