A Hawaii 45 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a month-to-month lease. The tenant must receive notice at least forty-five (45) calendar days before the date of termination.
When To Use an Hawaii 45 Day Notice To Vacate
A Hawaii 45 Day Notice To Vacate is used by a landlord to terminate the following types of tenancy:
- Month-to-month lease
- Expired lease
- Situation with no written lease where the tenant pays rent monthly
While a tenant may use this form of notice, in most case tenants only need provide 28 days of advance notice.
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 45 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 45 Day Notice To Vacate
Hawaii landlords and tenants may deliver a written 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
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When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation.
Source Link - 2 Haw. Rev. Stat. § 521-9(c)
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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.