A Hawaii Immediate Notice to Vacate is a legal eviction letter written by the landlord and served to the tenant for committing waste or causing severe damage to the premises. The tenant has no option to fix the violation and must move out of the rental unit immediately.
When to Use a Hawaii Immediate Notice to Vacate
Use an Immediate Notice to Vacate to begin the eviction process in Hawaii:
- If the tenant committed waste.
- If the tenant threatened to cause irremediable damage to a person or the premises.
- If the tenant is involved in damage caused by willful negligence.
If the above is not true, use one of the below forms to evict a tenant:
- 5 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 10 Day Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, violated rules with too many occupants at the premises or any other violations of the lease or rules/regulations.
- 45 Day Notice to Vacate – If the tenant or the landlord is ending a month-to-month lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write an Hawaii Immediate Notice to Vacate
The Hawaii Immediate Notice to Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Hawaii Immediate Notice to Vacate
Landlords may choose to deliver the immediate notice to vacate on a day when the courthouse is open so that an eviction proceeding can be filed for immediately on the same day, but this is not required by law. A landlord can deliver notices in Hawaii using either 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.
- 1 HI Rev Stat § 521-69
No allowance of time to remedy noncompliance shall be required when noncompliance by the tenant causes or threatens to cause irremediable damage to any person or property. 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.
The landlord may bring an action or proceeding for waste or for breach of contract for damage suffered by the tenant’s wilful or negligent failure to comply with the tenant’s obligations under section 521-51.Source Link
- 2 HI Rev Stat § 521-68
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
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.Source Link