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 Violations | Yes |
| Immediate Notice to Vacate | Incurable Breach | No |
| 45 Day Notice to Vacate | Ending a Monthly Lease / 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. The tenant has the option to pay the balance due, otherwise the tenant must move out and deliver possession of the premises 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. 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 tenant has 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. An incurable breach in Hawaii includes a tenant engaging in unlawful conduct on the premises or committing substantial property damage. The tenant does not have the option to remain on premises 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
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Hawaii
Eviction notices take effect the day after they are served. 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 in 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
A landlord can deliver notices in Hawaii using any 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 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 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 - 3 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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