In Hawaii, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Hawaii?
In Hawaii, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Hawaii?
In Hawaii, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 5 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Hawaii, rent is late starting the day after it’s due.
Acceptable Forms of Service in Hawaii
Hawaii landlords may deliver an eviction notice by any method which results in the notice being actually delivered to the tenant. The law specifically endorses these methods:
- Hand delivery to the tenant
- Delivery to the tenant’s address of record
Eviction for failure to maintain the dwelling, and for nonpayment of rent, may (if the tenant can’t be served personally) also be served by posting the notice to a conspicuous place at the premises.
Obtaining Proof of Service in Hawaii
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- First Class Mail – via certificate of mailing and by completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
Hawaii Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 5 Day Notice To Quit | Eviction for Unpaid Rent |
| 10 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| Immediate Notice To Vacate | Eviction for Illegal Activity |
| 10 Day Notice To Vacate | Ending a Weekly Lease |
| 28 Day Notice To Vacate | Ending a Monthly Lease / No Lease |
| 45 Day Notice To Vacate | Ending a Monthly Lease / No Lease |
Sources
- 1 Haw. Rev. Stat. § 521-9(c)
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A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:
(1) It comes to the person’s attention; or (2) It is delivered at the place of business through which the rental agreement was made or at any place held out as the place for receipt of such communications. - 2 Haw. Rev. Stat. § 521-69(a)
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If the tenant is in material noncompliance with section 521-51 [duty to maintain dwelling unit]… [and] If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.
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See also Haw. Rev. Stat. § 521-68 (“If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.”) for nonpayment of rent.
