A Hawaii 45 Day Notice to Vacate is a formal lease termination notice to end a month-to-month lease or for tenants with no written lease that pay rent monthly. The letter is delivered at least forty five (45) calendar days prior to the termination date.
When to Use an Hawaii 45 Day Notice to Vacate
A Hawaii 45-Day Notice to Vacate is a lease termination letter used to end a month-to-month arrangement in accordance with state law. This notice may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. This lease termination letter satisfies the legal requirements for landlords given that tenants are only legally required to provide 28 days notice.
How to Write an Hawaii 45 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 address and 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 45 Day Notice to Vacate
A landlord 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.
- 1 HI Rev Stat § 521-71
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 HI Rev Stat § 521-68
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
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