An Hawaii 28 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a month-to-month lease. The landlord must receive notice at least twenty eight (28) calendar days before the date of termination.
When To Use an Hawaii 28 Day Notice To Vacate
A Hawaii 28 Day Notice To Vacate is used by a tenant to terminate the following types of tenancy:
- Month-to-month lease
- Expired lease
- Situation with no written lease where the tenant pays rent monthly
This form of notice is generally for tenant use only. Landlords must provide additional notice in most cases.
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 28 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 28 Day Notice To Vacate
Hawaii landlords and tenants may deliver a Notice To Vacate by any method which results in the notice being actually delivered to the other party. The law specifically endorses these methods:
- Hand delivery to the other party
- Delivery to the other party’s address of record
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 Haw. Rev. Stat. § 521-9(c)
-
Source Link
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.
