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Read further to learn more about the eviction process in Hawaii and how many days’ notice are required in which situations.
What’s an Eviction Notice?
An eviction notice is a legal form of disclosure that lets a tenant know that they are in clear violation of their lease agreement, and either need to correct the issue or vacate the premises. If the tenant fails to take action after proper legal notice is given, the landlord may evict the tenant. When a landlord provides written legal notice to a tenant to correct a violation of the lease agreement, it is referred to as a “Notice to Quit.”
When a landlord needs to send out an eviction notice in the state of Hawaii, it is because the tenant has broken the lease agreement in some way. It could be required because:
- The tenant has not paid their rent in a timely fashion.
- The tenant has done excessive damage to the property.
- The tenant has harassed or harmed other tenants on the property.
- The tenant has a pet in the unit when pets are not permitted.
- The tenant is smoking in areas where smoking is prohibited.
When any of these things are done, the landlord can file a Notice to Quit, which will inform the tenant that they are in violation of the lease and that they have a certain amount of time to resolve the issue. If this notice is not taken into account, the process for eviction could escalate. Typically, rent is considered to be late the date after it is due, but in the state of Hawaii, some landlords will provide the tenant with a five-day grace period with a standard lease.
Types of Eviction Notices
In this state, there are a few different types of eviction notices that can be used. There are specific rules that the landlord will need to follow in order for the eviction to be valid. The types of notices that may be required in this state include:
Five-Day Notice to Quit
This is a notice that is given to a tenant that has not paid their rent in a timely fashion. The landlord will serve the tenant with this type of notice to inform the tenant that they have five days to pay the rent or, according to statute § 521-68, the landlord will be able to proceed with terminating that rental agreement. A five-day notice may also be given for any tenant that is causing a nuisance on the premise, which is defined under section 712-1270 in the state of Hawaii.
10-Day Notice to Quit
A 10-day notice can be used for any non-compliance of the rental agreement other than the nonpayment of the rent. Effectively, when this type of notification is received, the terms of the contract are in breach, and the tenant will have a period of 10 days to remedy the situation. If the issue is not fixed within the 10 days, then according to Hawaii statute § 521-52, the landlord can file an eviction lawsuit against the tenant and force the agreement to end.
Notice to Quit without Notice
This is a notice that can be used in the state of Hawaii when the tenant has threatened to cause severe damage to the unit that they are renting or any part of the property that is owned by the landlord. It can also be a solution that the landlord can use to end the rental agreement when the tenant has threatened to do harm to another person. According to the Hawaii statute § 521-69, the landlord will be able to go straight to the court to file for an eviction without providing the tenant with any type of notice.
Month-to-Month Termination Letter
If there is not a legal reason that the landlord wants the tenant gone from the property, and they have a month to month lease, then they can serve the tenant with this letter, which states that their lease will not be renewed. With this type of notice, the landlord must provide the tenant with a 45-day notice so that they have plenty of time to move all of their belongings from the premises. If the tenant does not comply with the notice, the landlord will have the option to follow up with an eviction lawsuit to remove them from the unit.
How to Write a Notice to Quit
When one of these notices is required, there are certain aspects that a landlord is going to need to include in each one. Though the process may differ slightly, the sections that will need to be present on each include:
Prepare the Paperwork
Before the landlord starts preparing the document, it is important to have all of the information that is relevant to the unit and the tenant in question present so that it can easily be reached when it is needed. One of the most important parts of filing one of these notices is making sure that the name of the individual who is renting the unit is spelled correctly. If it is not spelled correctly or the name of one of the tenants is left off of the notice, then the eviction could be invalid. The original lease should also be available to draw information from.
Date the Notice
When the landlord begins writing the notice, the first thing that should be seen on the document is the date that the notice is being written. The date should include the month, the day, and the year.
Define the Tenant
The next section is designed to confirm who is receiving the notice. There can simply be a line that says: “To:___________” The tenants full, legal name will need to go in the space, and if there is more than one tenant, all of their names must be located in this section. So that the landlord will not need to completely rewrite the document for every case, they can provide up to eight lines in this space for the names of the tenants.
Define the Property
In the next section of the eviction notice, you will need to define the property where the tenant is staying. The full address of the property will need to be stated in this part of the document, which will include the full street name, the street number, the unit number, the city, the state, and the zip code. The county should also be listed in this section of the document, and typically, it will look like this: “The premises herein referred to is located in the city of ________________, county of _______________, state of Hawaii, zip code _________, designated by the number and street as ______________________________________________, Apt ______.”
State the Reason for the Notice
The document is going to be used for several different reasons, so the reason that it is being used will need to be specified in this section. The first option is going to be a box that will be checked off for the nonpayment of rent. The total sum of the rent that is due, as well as the time that the rent is owed from, will need to be listed here.
The next field that can be checked off is a box for when the tenant is noncompliant with the terms of the lease. This will permit the tenant a period of 10 days in which the issue will need to be fixed, or they will need to remove themselves from the premises. Details of the noncompliance issue should be listed here as well.
The third option that can be selected will be used when the tenant has become a nuisance that has been affecting the surrounding tenants. The fourth and fifth option on this document will be used either by the landlord or the tenant when they have decided to end their month-to-month rental agreement. Both will require the notice to arrive at the other party’s door with at least 45 days until the lease terminates.
In addition to the reason for the notice, this section will also need to include the amount for any late fees that are due. Added together, the total amount that is due will need to be written on another line as well. This can be useful when a tenant owes more than a single month’s rent so that they know exactly what they owe.
Establish the Landlord’s Intent
At the bottom of the document, there will be a section that will be designed to establish the intent of the landlord. This is required so that the tenant knows that it is a serious matter, and they need to comply with the demands of the notice. There will be a paragraph in the document that is designed to further notify the tenant that if they do not comply with the notice, the landlord plans to follow through with legal proceedings to collect the rent that is owed or to recover the property that is being rented. In the state of Hawaii, the landlord is likely to include information about the court fees and how it is the responsibility of the tenant to pay them as well. The landlord will need to include their signature below this statement.
Certificate of Delivery
The final section of the document is going to be the section that is filled out by the person that does the delivery of the notice. There will be a line that says: “I certify that on the _____ day of ______________, 20__ I served this notice to _________________________ by …”
After this statement, the person can either choose in person, to a member of the household, or by first-class mail. The notice will then need to be signed by the delivery agent.