A Hawaii 5 Day Notice to Quit is a legal eviction letter written by the landlord and served to the tenant for nonpayment of rent. The tenant has the option to pay the balance due or vacate the premises within five (5) judicial days (not counting weekends or legal holidays).
When to Use a Hawaii 5 Day Notice to Quit
Use a 5 Day Notice to Quit to begin the eviction process in Hawaii if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- 10 Day Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, violated rules with too many occupants at the premises or any other violations of the lease or rules/regulations.
- Immediate Notice to Vacate – If the tenant committed waste, caused irremediable damage to a person or the premises, or is involved in damage caused by willful negligence.
- 45 Day Notice to Vacate – If the tenant or the landlord is ending a month-to-month lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Hawaii 5 Day Notice to Quit
The 5 Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- Explain where the total amount due should be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Hawaii 5 Day Notice to Quit
A landlord can deliver notices in Hawaii using either of the below acceptable methods:
- Handing the notice to the tenant in person;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND 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 § 521-68
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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 - 2 Hawaii Court Rules of Civil Procedure - Rule 6
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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.
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