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 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 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
A landlord can deliver notices in Hawaii using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by first class mail with a certificate of mailing;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by first class mail with a certificate of mailing.
When sending the notice by first class mail, add two (2) additional calendar days to the notice period to account for variability in post office delivery times.
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 & Lease Termination Notice Forms
|5 Day Notice to Quit||Eviction for Unpaid Rent|
|10 Day Notice to Comply or Vacate||Eviction for Lease Violations|
|Immediate Notice to Vacate||Eviction for Incurable Breach|
|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|
- 1 HI Rev Stat § 521-68
If the tenant cannot be served with notice as required, notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of posting.Source Link
- 2 Hawaii Court Rules of Civil Procedure - Rule 6
Additional time after service by mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, 2 days shall be added to the prescribed period.Source Link