Squatters Rights in Hawaii & Adverse Possession Laws 2024

Living in Hawaii is a dream for many, but renting property in the Aloha State can be far from paradise if they don’t watch out for squatters. As individuals who occupy a property without permission, squatters can lead to costly disputes and, in some cases, the legal loss of property through a process known as adverse possession.

In this article, we’ll explore squatters rights in Hawaii, landlord-tenant laws, and what it takes to prevent adverse possession claims. If you wish to gain the knowledge you need as a landlord in Hawaii, read on.

Trespassers vs. Squatters

Often used interchangeably, “trespassers” and “squatters” are different terms that each carry important distinctions.

• Trespassers enter and occupy a property unlawfully without intent to stay long-term. When discovered, they should be removed immediately by law enforcement.
• Squatters, on the other hand, stay on the property after trespassing to establish residency indefinitely, if not to eventually claim ownership through adverse possession. Given that such individuals are considered residents under the law, their removal is more complicated than that of mere trespassers.

To prevent trespassers from becoming squatters whose removal is more difficult, landlords should regularly inspect their vacant properties and contact law enforcement at the first sign of unauthorized occupancy.

Legality of Squatting in Hawaii

While occupying someone’s property without permission is illegal, squatting isn’t explicitly legal or illegal. Under specific circumstances, squatters can gain certain rights through the adverse possession process.

Potential consequences for squatting include:

• Criminal trespassing charges.
• Civil eviction proceedings.
• Liability for property damage.

Stay vigilant to avoid squatters and prolonged property disputes. Addressing unauthorized entry into a property as quickly as possible is critical to dealing with trespassers before they become squatters.

Squatters Rights and Adverse Possession Laws in Hawaii

Adverse possession is a well-established legal doctrine that allows squatters to claim property ownership if they meet specific conditions over a continuous period.

While laws vary from state to state, Hawaii’s requirements for adverse possession are stringent. The state makes it difficult for Hawaii property owners to lose their land under this doctrine so long as they keep a close eye on their unoccupied properties.

How Hawaii Squatters Can Legally Claim Property Through Adverse Possession

Losing property by adverse possession is the worst-case scenario for landlords. That said, it’s rather difficult for squatters to fulfill each requirement. For squatters to meet the bare minimum for adverse possession under Hawaii law, their occupation must be:

• Hostile: Occupancy must be against the interests of the property owner.
• Continuous: Squatters must occupy the property without any interruption.
• Open and Notorious: The occupation must be obvious and without secrecy.
• Exclusive: The squatter must solely possess the property, excluding others.
• Actual: The squatter must physically use the property as an owner would.

In addition to these conditions, a squatter must have occupied a property for 20 years to be considered a serious claimant of adverse possession.

They must possess a color of title (document claiming ownership) to qualify for adverse possession after 20 years. Without one, the timeline extends to 30 years. Landlords should note that these timelines reset if the squatter’s possession is interrupted.

Finally, the squatted property can not be more than five acres.

Landlord Rights & Responsibilities

Landlords have the right to remove unauthorized occupants from their property, whether trespassers or squatters. However, they must follow all relevant legal procedures to avoid violating Hawaii squatters rights.

In addition to their rights, landlords have multiple responsibilities, which include (but are not limited to):

• The regular inspection of vacant properties.
• The protection of unoccupied properties with locks and alarm systems.
• The immediate corrective measures for any unauthorized occupancy.

Squatters Rights & Responsibilities

Even though they occupy properties without permission, it may surprise some that squatters have some rights in Hawaii. For example, a squatter cannot be forcibly removed without a court order (eviction), for once they establish residency, they are considered a kind of tenant in the eyes of the law.

In addition to their rights, squatters are responsible for maintaining the property and avoiding damage while they reside there. They must also refrain from engaging in illegal activities.

How to Evict Squatters in Hawaii

Evicting squatters requires strict adherence to a systematic approach defined under Hawaii’s landlord-tenant laws. The steps to evict squatters in Hawaii are as follows:

1. Provide written notice: Issue a formal notice to vacate, detailing the reason for such a notice, which in this case would be squatting.
2. Wait to hear from the tenant: Allow the tenant the designated notice period to resolve the issue or move out. If they fail to comply, proceed to the next step.
3. File for eviction: Submit an eviction complaint to your local district court. Be prepared to pay the filing fees and provide documentation, such as the lease agreement and proof of notices served.
4. Serve the tenant: Once the court processes your filing, the tenant must be formally served with the complaint and summons. This step typically requires a process server or the local sheriff’s department.
5. Attend the court hearing: Both parties will present their case before a judge. The landlord should bring evidence supporting the eviction, including the lease agreement, notices, and any relevant correspondence or proof of lease violations.
6. Obtain a writ of possession: If the judge rules in favor of the landlord, the court will issue a writ of possession, granting legal authority to remove the tenant from the property.
7. Reclaim the property: The sheriff or authorized official will enforce the writ, ensuring the tenant vacates the premises. If necessary, personal belongings left behind should be handled according to Hawaii law.

Before formally evicting a tenant, landlords may opt for a cash-for-keys agreement. This involves offering the tenant a monetary incentive to vacate the property promptly and peacefully. While it may pose risks, it can often resolve the issue more quickly than proceeding through the court system. Nevertheless, landlords should document any such agreement in writing.

Landlords must avoid taking matters into their own hands by performing a self-help eviction. This illegal action involves changing locks, shutting off utilities, or physically removing squatters without court approval. Violating these rules can lead to penalties for the landlord, potentially weakening their case against the squatter.

Legal Help for Landlords in Hawaii

Landlords dealing with squatters can access various legal resources for support, including:

• Hawaii Legal Aid Society: Offers free legal advice for landlords navigating tenant disputes
• Hawaii State Bar Association: Offers a lawyer referral service that can connect landlords with experienced attorneys, especially those specializing in squatters rights in Hawaii
• Handbook for the Hawaii Residential Landlord-Tenant Code: A comprehensive guide on navigating the ins and outs of squatters rights in Hawaii
• EZ Evict USA: If eviction becomes necessary, EZ Evict USA simplifies the process by handling document management and court procedures on your behalf.

Preventing Future Squatter Situations

For landlords seeking to prevent squatters from occupying their properties, there are some immediate and practical steps they can take, including:

• Securing vacant properties: Install sturdy locks, security cameras, and alarm systems to deter squatters and identify potential issues promptly.
• Inspecting regularly: Conduct regular property inspections to identify squatters and potential problems early on.
• Surveilling remotely: Install remote surveillance systems, such as cameras and motion sensors, to monitor properties in real-time. These systems can alert you to unusual activity, allowing you to respond swiftly.
• Maintaining properties well: Keep properties in good condition to signal to passersby that they’re actively managed.
• Knowing your neighbors: Build positive relationships with your neighbors. Neighbors familiar with your property’s usual activities can promptly inform you of any unusual presence or behavior. You could also consider joining local neighborhood watch groups, if any exist, for added vigilance against unwanted occupants.

How Property Management Software Can Help

Using property management software like TurboTenant can significantly assist landlords in efficiently filling vacancies, minimizing the time their properties remain unoccupied and thus vulnerable to squatters’ rights in Hawaii.

TurboTenant offers an all-in-one solution that streamlines essential property management processes, including:

• Unlimited Rental Advertising: Landlords market their properties across dozens of platforms to quickly find tenants and avoid squatters in the first place.
• State-Compliant Lease Agreements: With the ability to digitally administer leases, filling your vacancy faster becomes a reality.
• Comprehensive Tenant Screening: TurboTenant offers a range of screening options, including background checks and credit reports, enabling landlords to select reliable tenants with a lower risk of defaulting on rent or abandoning the property.

By understanding squatters rights in Hawaii and utilizing resources like TurboTenant’s property management tools, landlords can safeguard their investments and avoid costly disputes in the long run.

Sign up for a free TurboTenant account today to experience the latest technology for peace of mind in property management.

Squatters Rights Hawaii FAQs