Hawaii 5 Day Notice to Pay or Quit | Eviction Notice Form

An Hawaii 5 Day Notice To Quit is a letter that complies with state legal requirements to begin the eviction process against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within five (5) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.

When To Use an Hawaii 5 Day Notice To Quit

An Hawaii 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.

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 5 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

Use the full name of the receiving parties, and address of record, if known
Specify the termination date of the lease or tenancy
Specify the basis upon which the tenancy will terminate, and the payment required to avoid termination
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 5 Day Notice To Quit

Hawaii landlords may deliver a Notice To Quit by any method which results in the notice being actually delivered to the tenant. The law specifically endorses these methods:

Hand delivery to the tenant
Delivery to the tenant’s address of record

Eviction for nonpayment of rent may (if the tenant can’t be served personally) also be served by posting the notice to a conspicuous place at the premises.

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 Haw. Rev. Stat. § 521-9(c): 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.

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2 Haw. Rev. Stat. § 521-69(a): If the tenant is in material noncompliance with section 521-51 [duty to maintain dwelling unit]… [and] If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.

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See also Haw. Rev. Stat. § 521-68 (“If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.”) for nonpayment of rent.

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