An Hawaii 10 Day Notice to Vacate is a legal letter written by the landlord or the tenant to terminate a tenancy of less than one (1) month. This notice is provided to either party at least ten (10) calendar days before the termination date.
When to Use an Hawaii 10 Day Notice to Vacate
A landlord or a tenant may use an Hawaii 10-Day Notice to Vacate to end a tenancy of less than one (1) month in accordance with state law. This notice may also be used for tenants that do not have a written lease.
How to Write an Hawaii 10 Day Notice to Vacate
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Serve an Hawaii 10 Day Notice to Vacate
A landlord or a tenant may deliver lease termination notices in Hawaii using any of the below acceptable methods:
- Handing the notice to the other party in person;
- Handing the notice to a person who can accept the legal letter on behalf of the other party;
- 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 § 521-71
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When the tenancy is less than month-to-month, the landlord or the tenant may terminate the rental agreement by notifying the other at least ten days before the anticipated termination.
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