Hawaii 10 Day Notice To Comply or Vacate

Last Updated: April 2, 2024 by Roberto Valenzuela

An Hawaii 10 Day Notice To Comply or Vacate is a letter that complies with state legal requirements to begin the eviction process against a tenant who has committed a “curable” breach of the lease (i.e., one which the tenant is allowed to correct), such as a health or safety violation. The tenant must take appropriate corrective action or else move out within ten (10) calendar days of receiving notice.

When To Use an Hawaii 10 Day Notice To Comply or Vacate

An Hawaii 10 Day Notice To Comply or Vacate begins the eviction process for the following curable tenant violations:

  • Failure to comply with health/safety rules
  • Occupancy limit violation
  • Other violations of the lease or property rules

Some types of Hawaii lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write an Hawaii 10 Day Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis upon which the tenancy will terminate, and the corrective action(s) required to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve an Hawaii 10 Day Notice To Comply or Vacate

Hawaii landlords may deliver a Notice To Comply or Vacate by any method which results in the notice being actually delivered to the tenant. The law specifically endorses these methods:

  1. Hand delivery to the tenant
  2. Delivery to the tenant’s address of record

Eviction for failure to maintain the dwelling may (if the tenant can’t be served personally) also be served by posting the notice to a conspicuous place at the premises.

    In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.