• Shaila Campbell

Eviction Moratorium Q&A

On July 17, 2020 Governor Ige issued the Tenth Supplemental Emergency Proclamation

Relating to COVID-19. It incorporates the Fifth Supplemental Emergency Proclamation,

which created the state-wide Eviction Moratorium, and extended the Eviction

Moratorium until August 31, 2020. The Eviction Moratorium prevents the eviction of

tenants for non-payment of rent. It does not prevent evictions for other breaches of the rental agreement.


Whenever an emergency proclamation has been issued, Hawaii Revised Statutes 127A-

30 takes effect, which imposes limitation on commodities throughout the state.

Periodic rentals of residential real estate are considered a commodity under the law.


Q: How do I handle tenants on a month-to-month lease under the current Emergency Proclamation and Eviction Moratorium?


A: When an emergency proclamation is in effect, month-to-month tenancies are

considered commodities. During the emergency proclamation a month-to-month

tenancy cannot be terminated for any reason, except for a breach of a material term,

if the unit is unfit for occupancy, if the unit is sold to a bona fide purchaser for value,

or if the landlord or immediate family member will occupy the property.


This means that for practical purposes, a month-to-month tenant cannot be

removed from the property unless they have breached the rental agreement in a way

other than not paying their rent. If the property has been sold, or the landlord or

immediate family member is moving in, the tenant must be given a 45-day written

notice to vacate. Note that the law says when the property is sold, not when it is put

on the market or when it has received an offer, but when it has actually sold.


Q: What about a fixed-term lease during the Emergency Proclamation? Can I remove the tenant when the lease is up?


A: Tenants still owe rent due on the rental agreement even though there is an

Eviction Moratorium. If the tenant is unable to pay the rent, that amount is still owed

to the landlord.


Q: What will happen when the Eviction Moratorium ends? Will it be extended? How many evictions will there be when the moratorium is over?


A: We do not know what will happen when the Eviction Moratorium ends. The

Hawaii State Judiciary have created a working group to create a plan for handling

the end of the Eviction Moratorium to hopefully handle the cases as smoothly as

possible. It is also unknown if the Eviction Moratorium will be extended beyond its

current August 31, 2020 end date.


The amount of evictions that will be filed when the Eviction Moratorium ends is also

unknown as there are many factors that will play into that number. Looking at fiscal

year 2018-2019 as an example, approximately 2,400 summary possession cases

were filed in the State of Hawaii.


Resource Links:

https://cca.hawaii.gov/ocp/landlord-tenant-faqs/

https://www.legalaidhawaii.org/housing-covid-19.html


Source: Published by the Hawaii Association of Realtors, "Eviction Moratorium Q&A".

Questions? For more info, call Shaila at 808-741-7155 or email shaila@hawaiihe.com. Hawaii Homes & Estates LLC. License No: RB-20456.

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Shaila Campbell

Principal Broker, Owner

REALTOR® , CRS, CLHMS RB-22738

Hawaii Homes & Estates LLC | Honolulu, HI