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 may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the other party
- Only if hand delivery fails: Posting the notice at a conspicuous place on the premises, such as the entry door
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 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