Overview — unauthorized occupants and property sales in Hawaii
If someone is living in a property you own (or are trying to sell) without your permission, you need to act carefully. Hawaii law provides civil and criminal options to regain possession, but forced or “self-help” evictions (changing locks, removing belongings yourself) are risky and often unlawful. Below is a plain-language, step-by-step explanation of what typically happens and how owners can get possession back before a sale closes.
Detailed Answer
1. First: figure out the occupant’s legal status
There are three common statuses and each affects your next step:
- Authorized occupant (tenant under a written or oral lease) — they generally have landlord–tenant protections and eviction must follow Hawaii’s landlord–tenant and unlawful detainer procedures.
- Former tenant who stayed past lease end (holdover) — you generally must use the court eviction (summary possession/unlawful detainer) process rather than self-help.
- Unauthorized occupant or squatter with no rental agreement — you may have both civil remedies (eviction/forcible detainer) and, in some circumstances, criminal remedies (trespass). But you should still avoid self-help.
2. Preserve documentation
Collect proof of ownership and possession: deed, title report, closing/escrow papers, any lease or communications with the occupant, photographs showing possession, police reports (if any), and proof of attempts to contact the occupant. Title companies and courts often require this paper trail to clear title or grant possession.
3. Do not use force or remove belongings yourself
Hawaii generally prohibits owners from using self-help to remove occupants (changing locks, physically removing people or their property). Doing so can expose you to civil liability and criminal charges. Instead, follow legal processes to obtain a court order for removal.
4. Send a written demand to vacate
Before filing in court, send a written notice or demand to vacate that clearly states you are the owner and asks the occupant to leave. Keep proof of service (certified mail, process server, or sheriff). This is often a required step before a summary possession or unlawful detainer filing.
5. File the appropriate court action
If the occupant refuses to leave, owners typically file a summary possession / unlawful detainer action in the district or circuit court that handles landlord–tenant and forcible entry matters. The court will schedule a hearing. If the court rules for the owner, it will issue a judgment for possession and usually a writ or order allowing law enforcement to remove the occupant if they still refuse to leave.
Hawaii provides self-help resources about eviction and possession on the state courts’ website: Hawaii State Judiciary — Eviction / Possession. For the text of state statutes and related law, consult the Hawaii Revised Statutes: Hawaii Revised Statutes (official).
6. Enforcement — writ of possession and sheriff/court officers
After a favorable judgment, the court clerk issues a writ or order for possession. The sheriff or designated court officer will carry out the removal if the occupant still refuses. Only after that writ is executed can you lawfully change locks and re-take physical control.
7. Criminal options may be available
If the occupant entered recently by force, breaking and entering, or is committing other criminal acts, the police may have authority to arrest or remove them for criminal trespass or related offenses. Criminal remedies vary with facts and should be coordinated with civil proceedings and law enforcement. See the Hawaii State Judiciary resource above and consult local police for suspected crimes.
8. Special issues when selling the property
- Title companies and buyers commonly require possession at closing. If an unauthorized occupant remains, a buyer or lender may insist on resolution before funding the sale.
- Escrow delays: unresolved occupancy disputes often delay or derail closings. Advance disclosure to buyer and lender is important.
- Shortcut options like selling “as-is” subject to occupant removal are possible, but most buyers prefer clear title and vacant possession—expect a reduced price or other contingencies if you leave removal to the buyer.
9. Adverse possession and long-term claims
In rare cases, someone who occupies land for a long period may try to claim ownership by adverse possession. Adverse possession claims require satisfying legal elements (continuous, open, notorious, exclusive, hostile possession for the statutory period). These claims are fact-specific and take many years. Do not assume a short-term occupant will obtain ownership.
10. When to hire a lawyer
Hire a Hawaii real estate attorney when any of the following apply: occupant claims tenancy or ownership, you need to close a sale quickly, the occupant is violent or destructive, the case is contested, or the title company will not insure until possession is clear. An attorney will file the correct court action, coordinate with the sheriff, and advise on timing and strategy for closing a sale.
Practical timeline and costs
Timelines vary. A straightforward, uncontested unlawful detainer can take a few weeks to a couple months. Contested matters, appeals, or complicated title issues can take much longer. Expect legal fees, court costs, and possibly sheriff fees. Title companies may require indemnities or escrow holdbacks if removal coincides with a sale.
Helpful Hints
- Document everything: photos, communications, notices, and attempts to contact the occupant.
- Serve a written demand to vacate and keep proof of service.
- Never use self-help (changing locks, removing personal property, or shutting off utilities) — use the court process.
- Contact the local sheriff’s office or court clerk to learn local procedures and service requirements for writs and eviction enforcement.
- Talk to your title company early. They can tell you what documentation they need for closing and whether they require judicial removal first.
- If the occupant threatens violence or has committed a recent unlawful entry, contact police immediately and get a written report.
- Keep buyers and lenders informed if you are selling — transparency about the removal timeline can prevent last-minute closing failures.
- Consider hiring an attorney experienced in Hawaii landlord–tenant and real estate litigation to file for possession and represent you in court.
Where to get more information
Hawaii State Judiciary self-help information on evictions and possession: https://www.courts.state.hi.us/self-help/eviction
Hawaii Revised Statutes (searchable statute collection): https://www.capitol.hawaii.gov/hrscurrent/
Final note and disclaimer
This article explains general legal principles in Hawaii and common steps owners take when unauthorized occupants are present before a sale. It is educational only and not legal advice. Laws change and cases turn on specific facts. For advice tailored to your situation, consult a licensed Hawaii attorney experienced in real estate and possession actions.