Hawaii Eviction Notice Forms

Last Updated: December 22, 2021 by Elizabeth Souza

A Hawaii eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Hawaii.

Types of Hawaii Eviction Notices

Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.

15-Day Notice to Pay (Nonpayment of Rent)

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Hawaii law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the rental agreement.

Once rent is past due, the landlord must provide a 15-Day Notice to Pay if the landlord wants to file an eviction action with the court, allowing the tenant to pay the past-due rent amount in full within 15 days to avoid eviction.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

The Eviction Notice for Nonpayment of Rent should include:

  • The total amount of past-due rent owed;
  • The date payment in full is due; and
  • That the rental agreement will be terminated if the rent payment is not received by the deadline given in the notice.

Get the downloadable 15-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).

10-Day Notice to Cure or Vacate (Non-Compliance)

A tenant can be evicted in Hawaii if they do not uphold their responsibilities under the terms of a written lease or rental agreement.

Hawaii landlords must provide tenants with a 10-Day Notice to Comply, giving the tenant 10 days to correct the issue to avoid eviction.

Typical lease violations under this category could include things like violating a no-smoking policy, having too many people reside in the rental unit, having a pet when there’s a no-pet policy, and material health or safety violations.

NOTES
  • Material Health/Safety Violations. Landlords are not required to allow tenants time to correct certain material or health safety violations and may give tenants an unconditional Notice to Quit instead.
  • Property Damage. Landlords are not required to give tenants time to fix any property damage they may have caused and may give tenants an unconditional Notice to Quit instead.

Note that illegal activity is not included in this category.

If the tenant fails to correct the issue and remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The notice should include the following language or something substantially similar:

“(Name and address of tenant) (date) You are hereby notified that you have failed to perform according to the following rule: (specify rule allegedly breached).

“Be informed that if you (continue violating) (again violate) this rule after (a date not less than ten days after this notice), the landlord may terminate the rental agreement and sue for possession of your dwelling unit.”

The notice should also include how much time the tenant has to correct the issue.

Get the downloadable 10-Day Eviction Notice for Noncompliance form template below (.pdf direct link).

10/45-Day Lease Termination Notice (No Lease/ End of Lease)

In the state of Hawaii, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the type of tenancy.

  • Anything less than month-to-month – If rent is paid weekly, every two weeks, or some other period that’s less than monthly, landlords must provide their tenants with a 10-Day Notice to Quit.
  • Month-to-month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 45-Day Notice to Quit.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The eviction notice should include the date the tenancy will terminate.

Get the downloadable 10/45-Day Lease Termination Notice form template below (.pdf direct link).

120-Day Notice to Vacate (Demolition of Rental Unit)

In the state of Hawaii, if a landlord wants to demolish the rental unit, month-to-month tenants must be given 120 days notice before the landlord can proceed with an eviction action.

Tenants do not have the option to stay in the unit and must move out.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The notice should include the reason for the eviction and the date the tenancy will be terminated.

Get the downloadable 120-Day Eviction Notice for Demolition of Rental Unit form template below (.pdf direct link).

120-Day Notice to Vacate (Short-Term Rental Conversion)

If the landlord wants to convert the rental property into a short-term rental, month-to-month tenants must be given 120 days notice before the landlord can proceed with the eviction process.

Tenants do not have the option to remain in the rental unit and must move out.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The notice should include the reason for the eviction and the date the tenancy will be terminated.

Get the downloadable 120-Day Eviction Notice for Short-Term Rental Conversion form template below (.pdf direct link).

120-Day Notice to Vacate (Condominium Conversion)

If the landlord wants to convert the rental property into condominiums, month-to-month tenants must be given 120 days notice before the landlord can proceed with the eviction process.

Tenants do not have the option to remain in the rental unit and must move out.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The notice should include the reason for the eviction and the date the tenancy will be terminated.

Get the downloadable 120-Day Eviction Notice for Condominium Conversion form template below (.pdf direct link).

24-Hour/5-Day/10-Day Notice to Cure or Quit (Illegal Activity)

Tenants who have created a “common” nuisance must be given 24 hours’ notice to correct the issue.

If the “common” nuisance is not corrected within 24 hours, the landlord must provide tenants with a 5-Day Notice to Quit, giving the tenant 5 days to move out of the rental unit to avoid eviction.

For illegal activities that could cause “irremediable” harm to other tenants or the rental property, landlords are not required to give tenants time to correct the issue and may instead give tenants an unconditional Notice to Quit.

For all other types of illegal activity that don’t endanger other tenants or the rental property, and don’t constitute a common nuisance, tenants may be given a 10-Day Notice to Comply, giving tenants 10 days to correct the issue to avoid eviction.

If the tenant fails to correct the issue by the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The eviction notice should include the specific reason for the eviction, how much time the tenant has to correct the issue (if given that option), and the date the tenancy will terminate.

Get the downloadable 24-hour/5-Day/10-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).

Get the downloadable Unconditional Eviction Notice for Illegal Activity form template below (.pdf direct link).

What to Include in Hawaii Eviction Notices

Under Hawaii law, a landlord is expected to provide some basic information on all eviction notices, including the date the tenancy will terminate and the reason for the eviction.

Additional information is required for specific notice types and is addressed under each reason for eviction below.

It may also be a good idea to ensure that the notice includes the name and contact information of the person being evicted, just to be sure the correct person receives the notice.

The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.

Delivering Eviction Notices in Hawaii

In the state of Hawaii, landlords can deliver an eviction notice by:

  • Giving it to the tenant in person; and
  • Posting a copy of the notice in a conspicuous place at the rental unit

Eviction Process in Hawaii

  1. An eviction notice is posted by the landlord to vacate or “cure” the issue.
  2. If the tenant does not vacate when required to do so, a Complaint is filed by the landlord with the county court.
  3. An answer is filed.
  4. Hearing is held and judgment issued.
  5. If an eviction granted, a Writ of Possession is posted at the property, giving final notice to the tenant to remove their belongings.
  6. Finally, the sheriff returns possession of the property to the landlord.

To learn more about the eviction process in Hawaii, click here.

Sources