A Hawaii 10 Day Notice to Comply or Vacate is an official eviction document written by the landlord and delivered to the tenant for a curable breach of the lease, such as a health/safety violation. The tenant has the right to correct the lease violation or move out within ten (10) calendar days.
When to Use a Hawaii 10 Day Notice to Comply or Vacate
Use a 10 Day Notice to Comply or Vacate to begin the eviction process in Hawaii:
- If the tenant failed to comply with health/safety rules.
- If the tenant violated the rules with too many occupants.
- If the tenant committed any other violations of the lease or property rules.
If none of the above are true, use one of the below forms to evict a tenant:
- 5 Day Notice to Quit -If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- Immediate Notice to Vacate – If the tenant committed waste, caused irremediable damage to a person or the premises, or is involved in damage caused by willful negligence.
- 45 Day Notice to Vacate – If the tenant or the landlord is ending a monthly lease. This letter may also be used for tenants with no written lease that pays rent monthly or for tenants with an expired lease.
How to Write an Hawaii 10 Day Notice to Comply or Vacate
The Hawaii 10 Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Indicate how the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints and signs notice;
- Landlord includes address and phone number.
How to Serve a Hawaii 10 Day Notice to Comply or Vacate
A landlord can deliver notices in Hawaii using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- 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.
Sources
- 1 HI Rev Stat § 521-69
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Landlord’s remedies for tenant’s waste, failure to maintain, or unlawful use. (a) If the tenant is in material noncompliance with section 521-51, the landlord, upon learning of any such noncompliance and after notifying the tenant in writing of the noncompliance and allowing a specified time not less than ten days after receipt of the notice, for the tenant to remedy the noncompliance:
(1) May terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession if the tenant is in material noncompliance with section 521-51(1); or
(2) May remedy the tenant’s failure to comply and bill the tenant for the actual and reasonable cost of such remedy if the noncompliance can be remedied by the landlord by cleaning, repairing, replacing a damaged item, or the like, which bill shall be treated by all parties as rent due and payable on the next regular rent collection date or, if the tenancy has terminated, immediately upon receipt by the tenant.
Source Link - 2 HI Rev Stat § 521-68
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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 - 3 Hawaii Court Rules of Civil Procedure - Rule 6
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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