Hawaii considering anti-squatter law to protect homeowners, cut eviction times

HONOLULU (HawaiiNewsNow) – An Oahu landlord who won a court ruling in July to get his delinquent tenants evicted is still waiting for sheriffs to kick them out.

Will Choy says he’s out about $60,000 in lost rent and fees on the legal battle to get back his sister’s Hawaii Kai property from tenants Todd and Missy Brewer, who according to court records, have a history of not paying rent.

Choy’s ordeal is highlighting a problem with Hawaii’s laws to prevent squatting.

State laws govern landlord and tenant relationships, and district courts settle disputes, including removing squatters. Some believe the legal system doesn’t do enough to protect property owners.

“So we all understand hardships that people have and I think the courts and the legislature, for example, are sympathetic to them, and I think that’s right. But there’s other conditions where you can run into people who they they’re not gonna pay the rent, no matter what. And I think that the situation is one that our laws and our system does not address,” Choy said.

Attorneys say they’ve seen cases where tenants knowingly game the court system, forcing homeowners into a costly, lengthy process to take back their property.

“Landlord tenant code does offer protection to tenants that certain unscrupulous tenants can take advantage of that because once you get to court, the judge might require you to go to mediation,” said attorney Andrew Stewart, whose client sued the Brewers in 2023 for not paying rent and had them evicted.

Advocates for anti-squatter laws say that while waiting for an eviction order, problem tenants often trash the home or attract criminal activity to the neighborhood, creating a public safety issue and nuisance.

To speed up the eviction process, state lawmakers introduced a bill last session that would allow law enforcement officers to remove unlawful occupants and make property damages caused — a felony.

The Attorney General, Public Defender and Honolulu Police Department opposed the measure — noting it evades judicial review, doesn’t protect due process and further strains limited resources.

Sheriffs who are sometimes asked to serve eviction orders already have a verification process of their own — adding to a backlog of duties.

“We have to approach it, just really matter of factly, the courts have asked you to leave and you have to leave now,“ said Jared Redulla, deputy director of the Department of Law Enforcement.

“In the vast majority of cases, there’s no trouble. They’ll pick up their stuff and, although perhaps, with some disagreement, they’ll leave.”

But supporters say an anti-squatting law is about fairness. Other states have seen eviction times reduced from 8-12 months to two weeks, without changing tenant protections.

“So long as the law is very clear about what the criminality is and you know what the process is and you have protections in there about people who are legally supposed to be there and even remedies, in case someone is unfairly ousted in a trespass case,” said Malia Hill, policy director for the Grassroot Institute of Hawaii, which supports an anti-squatting measure in Hawaii.

Advocates also believe stricter laws could help ease residential landlords’ fears and open up more rentals.

“It all kind of works together, to create an atmosphere that, you know, encourages landlords to rent that makes it easier for those of us who try to look for places, to find places to rent,” Hill added.

Lawmakers plan to take into account feedback from law enforcement and reintroduce another version of the anti-squatting bill next session.

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