An Hawaii 28 Day Notice to Vacate is a legal lease termination letter written to end a month-to-month lease or for tenants with no written lease that pay rent monthly. The letter is provided at least twenty eight (28) calendar days before the termination date.
When to Use an Hawaii 28 Day Notice to Vacate
A Hawaii 28-Day Notice to Vacate is a legal lease termination letter to end a month-to-month lease. This letter may be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. Landlords are required to provide more notice, but this letter fulfills the legally required amount of notice for a tenant.
How to Write an Hawaii 28 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.
- Provide your new address and an updated phone number.
- Sign the notice and print your name.
- 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 28 Day Notice to Vacate
A tenant can deliver lease termination notices in Hawaii using any of the below acceptable methods:
- Handing the notice to the receiving party in person;
- Handing the notice to a person at the premises 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
-
When the tenancy is month-to-month the tenant may terminate the rental agreement by notifying the landlord, in writing, at least twenty-eight days in advance of the anticipated termination. When the tenant provides notice of termination, the tenant shall be responsible for the payment of rent through the twenty-eighth day.
Source Link - 2 HI Rev Stat § 521-68
-
If the other party cannot be served with notice as required, notice may be given to the other party 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
-
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