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 cure 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 monthly lease. This letter may also be used for tenants with no written lease that pays 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 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 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.