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:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis upon which the tenancy will terminate, and the corrective action(s) required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- 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:
- Hand delivery to the tenant
- 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.
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 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. - 3 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.