Last updated 10/15/2020
ILLEGAL LOCKOUT COURT FORM
Your landlord cannot change the locks or otherwise lock you out of your rental unit without a court order, even if you have not paid your rent. A landlord is subject to paying you damages of up to 2 months rent, costs, and attorney fees if the landlord is found to have illegally locked out a tenant.
Forms:
Forms:
- Below are forms for each county, Oahu (First Circuit), Maui (Second Circuit), and Hawaii County (Third Circuit), Kauai (Fifth Circuit), that are fillable (if you open in adobe) or can be printed and filled out by hand.
- Each form includes a letter you can choose to send to your landlord (but is not required to be sent), and the form you can file with the Court
- There are also instructions for you to seek the Court to waive the $15 fee to file.
- Legal Aid may be able to represent you. You can call to see if you qualify for free legal representation (808) 536-4302, Option 1
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Moratoriums that protect tenants
Moratoriums Overview: Tenants have had protections through three primary moratoriums -
Hawai`i Eviction Protection and CDC Eviction Moratorium: Hawai`i's moratorium on eviction for non-payment of rent ends on November 30, 2020. However, if the landlord entered into forbearance on a federally-backed loan, the landlord cannot evict tenants during the forbearance. The forbearance may extend beyond November 30, 2020.
The CDC eviction moratorium extends to December 31, 2020 for nonpayment of rent and provides protection very similar to the State eviction moratorium for nonpayment. The CDC moratorium would require a declaration, including that you have applied for rental assistance and are at risk of homelessness. The requirements of the CDC moratorium will become more relevant if the State moratorium is not extended beyond November 30, 2020.
Post Moratoriums (CARES Act Protection): After all the moratoriums end, if you cannot pay your rent and the past due rent, the landlord can provide you a 5 business day notice for non-payment of rent and then start the evictions process. However, if you qualified for protections under the federal CARES Act, the landlord must provide a 30-day notice rather than 5 business day notice for non-payment. To qualify for a 30-day notice under the federal CARES Act, one of the following must be true:
Click here for more information about the CARES protections.
- State of Hawaiʻi (extended through November 30, 2020),
- CARES Act (ended July 25, 2020; extended to December 31, 2020 for Fannie Mae, FHA, Fannie Mae and Freddie Mac properties), and
- CDC declaration (extended through December 31, 2020).
Hawai`i Eviction Protection and CDC Eviction Moratorium: Hawai`i's moratorium on eviction for non-payment of rent ends on November 30, 2020. However, if the landlord entered into forbearance on a federally-backed loan, the landlord cannot evict tenants during the forbearance. The forbearance may extend beyond November 30, 2020.
The CDC eviction moratorium extends to December 31, 2020 for nonpayment of rent and provides protection very similar to the State eviction moratorium for nonpayment. The CDC moratorium would require a declaration, including that you have applied for rental assistance and are at risk of homelessness. The requirements of the CDC moratorium will become more relevant if the State moratorium is not extended beyond November 30, 2020.
Post Moratoriums (CARES Act Protection): After all the moratoriums end, if you cannot pay your rent and the past due rent, the landlord can provide you a 5 business day notice for non-payment of rent and then start the evictions process. However, if you qualified for protections under the federal CARES Act, the landlord must provide a 30-day notice rather than 5 business day notice for non-payment. To qualify for a 30-day notice under the federal CARES Act, one of the following must be true:
- Between March 27 and July 24, 2020:
- Renter received federal rental assistance,
- Renters or landlords received assistance from federal housing programs, OR
- Rental properties have federal mortgages, OR
- Landlord received relief, such as forbearance, from multifamily federal mortgage payments, such as Fannie Mae and Freddie Mac.
Click here for more information about the CARES protections.
