Implementing a just cause eviction framework would benefit both tenants and landlords in Hawaiʻi
Recent local headlines show the volatility and turmoil that both landlords and tenants can experience within the pressure of Hawaiʻi’s tight rental housing market.
On one side, landlords have shared cases of costly and prolonged battles to remove tenants who refuse to pay rent. On the other side, tenants have shared about the constant threat of sudden displacement for arbitrary reasons, about the unsafe living conditions they endure, and about the fear of retaliation or eviction that often leads them to remain silent.
These issues stem from the same root cause: Hawaiʻi’s landlord-tenant code, which lacks clarity and consistency. Implementing a Just Cause Eviction (JCE) legal framework would help to remedy this situation.
JCE laws define and require landlords to provide legally valid reasons for evicting tenants or refusing lease renewals, and establish a set of minimum standards that must be met for an eviction to legally proceed. They are designed to prevent arbitrary, retaliatory, or discriminatory evictions.
A “just cause” framework distinguishes between two types of terminations: “at-fault” and “no-fault” causes.
At-fault causes are based on a tenant’s actions, such as failing to pay rent, materially violating the lease agreement, creating a nuisance, or engaging in illegal activity.
No-fault causes arise purely from a landlord’s personal or business decisions, covering situations in which the tenant has done nothing wrong. These include scenarios like an owner or their relative moving into the unit, withdrawing the property from the rental market, or performing a substantial remodel that requires the unit to be vacant.
Current Hawaiʻi landlord-tenant law gives landlords no obligation to renew leases and does not require landlords to provide a reason for non-renewal. Landlords may terminate a month-to-month tenancy without providing a reason, as long as a 45-day written notice is issued.
Although state law prohibits landlords from evicting tenants for requesting repairs or reporting safety violations, this no-cause loophole allows landlords to circumvent these protections. Instead of being required to evict a tenant for cause and risking a retaliation defense, a landlord can simply issue a 45-day notice. This tactic effectively allows landlords to evade their legal duty to provide safe housing, and leaves tenants with the choice to either endure in silence or risk losing their housing.
This means that even responsible tenants who pay rent on time and abide by all lease terms can be suddenly displaced due to no fault of their own.
JCE laws provide an opportunity to balance the rights of property owners with the need for housing stability for renters. By establishing clear legal standards for the different circumstances under which an eviction is permissible, JCE policies make the process more transparent and predictable for both landlords and tenants.
Just Cause as the Solution
JCE policies have been successfully adopted in several states, including California, Oregon, Washington and New York. Under a framework that follows the practices of other states, Hawaiʻi’s arbitrary 45-day notice would be replaced with a clear set of legally-defined reasons for eviction and lease non-renewals. The law would distinguish between “at-fault” causes (the tenant’s actions) and “no-fault” causes.
If a landlord wants to end the tenancy at the end of a lease term for a no-fault reason, they would have to do the following:
Issue a formal notice of non-renewal that explicitly states one of the legally defined “no-fault” causes; and
Provide financial relocation assistance for no-fault termination.
By codifying valid reasons for termination, JCE laws can:
Remove baseless eviction filings, freeing up court resources; and
Discourage landlords from filing arbitrary evictions by attaching a financial cost to the displacement.
While JCE is often viewed primarily as a tenant protection, it is not designed to prevent legitimate evictions. Rather, it simply establishes a legal standard between tenants who are being displaced through no fault of their own, and those who have violated lease terms or failed to meet their contractual obligations. This reinforces a landlord’s right to remove a tenant for valid reasons by providing specific, unambiguous grounds for termination when a tenant is at fault.
Ultimately, JCE is about establishing a clear, consistent set of rules to protect both parties. For responsible tenants, it provides the security needed to build a life without the constant threat of arbitrary displacement. For landlords, it provides a clear, predictable, and legally sound process for managing their properties. By codifying JCE within our statutes, Hawaiʻi can create a more fair and stable housing market for everyone.
