month to month lease termination for servicemember

[hawaii]

I have a military tennant who decided not to renew his annual lease and went month to month October 2010. He has been paying on time no real issues with him.
What I would like to do is to take the property back and occupy it myself since I am moving back to Honolulu.
I recieved a letter from his military laywer claiming that he is protected by the Service members relief act. And I am not to forcefully remove (evict) him from the property. Which I had no intention of doing anyways. I just gave him the 45 days notice as mandated by HI state law.
Is a termination of a month to month lease really considered an eviction??? He opted not to sign an one year lease to maintain flexibility by free choice...

[AFFA]

I wish to inform you that you can evict your tenant under Section 301 of Servicemembers Civil Relief Act (SCRA) through court order. When you have given notice then the service may may leave the premises. Notice may not be eviction but it provides that landlord intends to bring lease to an end. If service member does not leave then you can have started eviction process through court. A service member can be evicted through court.

AFF

[hawaii]

Can the military tenant just stay until I get a court order? It does not seem right that the month to month lease is not being honored.
Does the law protect the service member even though he opted for a month to omnth lease?
Seems like every service member in the US can claim that right and null and void his/her month to month contract.
I recieved a threatening letter from the military lawyer telling me he is protected.

Get yourself an attorney who is familiar with military law etc and see what your rights are.