A Hawaii eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Hawaii, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Hawaii Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice To Quit | Unpaid Rent | Yes |
| 10 Day Notice To Comply or Vacate | Lease Violation | Yes |
| Immediate Notice To Vacate | Illegal Activity | No |
| 45 Day Notice To Vacate | Monthly / No Lease | No |
Hawaii 5 Day Notice To Quit
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A Hawaii 5 day Notice To Quit form is used for an eviction for nonpayment of rent. There is no legal grace period for paying rent in Hawaii, rent is late starting the day after it’s due.
The tenant has the option to pay the balance due or move out within five (5) judicial days (not counting weekends and legal holidays).
Hawaii 10 Day Notice To Comply or Vacate
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A Hawaii 10 day Notice To Comply or Vacate eviction form is used for a curable breach of the lease. Examples of lease violations include failing to maintain the premises in a clean and sanitary manner or interfering with the peace and enjoyment of other persons.
The tenants have the option to fix the violation, but if they fail to comply, they must move out of the premises within ten (10) calendar days.
Hawaii Immediate Notice To Vacate
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A Hawaii Immediate Notice To Vacate eviction form is used for an incurable breach of the lease, such as committing substantial property damage or engaging in any other unlawful conduct on the premises.
The tenant does not have the option to correct the issue and must move out of the rental unit immediately.
Hawaii 28 Day Notice To Vacate
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A Hawaii 28 Day Notice To Vacate is a lease termination letter used to terminate a month-to-month lease. This lease termination letter may be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease.
Landlords are required to provide more notice, but this letter fulfills the required amount of notice for a tenant to end a month-to-month lease.
The letter shall be provided at least twenty eight (28) calendar days prior to the termination date.
Hawaii 45 Day Notice To Vacate
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A Hawaii 45 Day Notice To Vacate is a lease termination letter used to end a month-to-month lease. This lease termination letter may 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.
The letter must be delivered at least forty five (45) calendar days before the end date specified in the notice.
How To Write an Eviction Notice in Hawaii
To help ensure the legal compliance of an eviction notice:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate and corrective action necessary, if applicable
- 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 Calculate Expiration Date in Hawaii
In Hawaii, eviction notices take effect the day after they are served, except for the notice to quit for unpaid rent, which takes effect the same day it is served in person or posted on the premises.
If the notice period is less than seven (7) days, weekends and legal holidays are not included, so only judicial days may be counted.
If the notice period is seven (7) days or more, all days are counted during the period, including weekends and legal holidays.
If the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day (a day when the courthouse is open).
How To Serve an Eviction Notice in Hawaii
Hawaii landlords may deliver an eviction notice 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 failure to maintain the dwelling, and 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.
Sources
- 1 Hawaii Court Rules of Civil Procedure - Rule 6
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Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. As used in this rule, “holiday” includes any day designated as such pursuant to section 8-1 of the Hawai‘i Revised Statutes.
Source Link - 2 Haw. Rev. Stat. § 521-9(c)
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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. - 3 Haw. Rev. Stat. § 521-69(a)
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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.
