Haw. Rev. Stat. § 657D § 657D-21
Eviction or distress during military service; stay; penalty for noncompliance; allotment of pay for payment.
Operative Text
(a) No eviction or distress shall be made during the period of military service for any premises occupied chiefly for dwelling purposes by the spouse or other dependents of a person in military service, except upon leave of court granted upon application or granted in an action or proceeding on the right of possession. (b) On any such application or in any such action the court may, in its discretion and on its own motion, and shall, upon application, unless in the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of such military service, stay the proceedings for not longer than three months, or it may make such other order as may be just. Where the stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to relief in respect of the premises similar to that granted persons in military service in sections 657D-22 and 657D-23 to such extent and for such period as may appear to the court to be just. (c) Any person who shall knowingly take part in any eviction or distress otherwise than as provided in subsection (a), or attempts so to do, shall be guilty of a misdemeanor. (d) The adjutant general is empowered, subject to rules adopted under chapter 91, to order an allotment of the pay of a person in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by the spouse or other dependents of the person. [L 1994, c 257, pt of §2]
Hawaii Revised Statutes § 657D-21 prohibits evictions and distraint actions against the spouses and dependents of active military service members for their primary dwelling without first obtaining court approval. A court reviewing such a request may pause proceedings for up to three months—or issue another equitable order—if the service member's military duties have materially reduced the household's ability to pay rent. Anyone who knowingly participates in or attempts an unauthorized eviction under this provision commits a misdemeanor, and the adjutant general has authority to direct a portion of a service member's pay toward covering the family's rent.
Plain English — not legal advice.
Under § 657D-21, compliant property owners and managers do not initiate eviction or distress proceedings against a military service member's spouse or dependents without first seeking and receiving court authorization. When a court grants a stay or other order, the owner may apply for relief similar to that available under §§ 657D-22 and 657D-23 for the duration of the stay. Operators generally document any court-approved process carefully, since knowingly bypassing the court-approval requirement constitutes a misdemeanor under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 657D-21 gives the spouses and dependents of military service members a protected status that bars a landlord from evicting or seizing property without a court order. If a landlord attempts to proceed without court approval, the tenant may raise the violation as a defense in any eviction proceeding, and the court has discretion to stay the case for up to three months if military service has materially affected the household's ability to pay. Tenants in this situation may also contact a military legal assistance office, a tenant-rights organization, or the Hawaii adjutant general's office—which has authority under § 657D-21(d) to arrange a pay allotment to help cover rent—to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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