Last updated 8/5/2021
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), Hawaii County (Third Circuit), and 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:
Hawaiʻi Eviction Protection: Hawaiʻi's moratorium on eviction for non-payment of rent ended on August 6, 2021. 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 August 6, 2021.
- State of Hawaiʻi extended through August 6, 2021
- The Department of Housing and Urban Development (HUD), Department of Veterans Affairs (VA), Department of Agriculture (USDA), and the Federal Housing Finance Agency (FHFA -- for example, Fannie Mae and Freddie Mac) ended their respective foreclosure moratoria on July 31, 2021.
- However, HUD, VA, and USDA will allow homeowners to enter into COVID-related forbearance through September 30, 2021. Fannie Mae and Freddie Mac do not have a deadline for forbearance. Visit here for more information.
Hawaiʻi Eviction Protection: Hawaiʻi's moratorium on eviction for non-payment of rent ended on August 6, 2021. 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 August 6, 2021.
