Hawaii Immediate Notice To Vacate

Last Updated: April 2, 2024 by Roberto Valenzuela

An Hawaii Immediate Notice To Vacate is a letter that complies with state legal requirements to begin the eviction process against a tenant who threatens or causes irremediable damage to the premises. The tenant is not allowed an opportunity to take corrective action, and must move out immediately upon receiving notice.

When To Use an Hawaii Immediate Notice To Vacate

An Hawaii Immediate Notice To Vacate begins the eviction process for the following tenant violations:

  • Committing waste (actions which damage or destroy the value of the rental property)
  • Threatened to cause irremediable damage to a person or the premises
  • Involvement in damage caused by willful negligence

Some types of Hawaii lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write an Hawaii Immediate Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the cause for which the tenancy is being terminated
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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 Serve an Hawaii Immediate Notice To Vacate

Hawaii landlords may deliver a Notice To Vacate on a “judicial day” (a day when a courthouse is open), in order to file an eviction proceeding in court on the same day, although this is not a legal requirement. A Notice To Vacate may be served by any method which results in the notice being actually delivered to the tenant. The law specifically endorses these methods:

  1. Hand delivery to the tenant
  2. Delivery to the tenant’s address of record

Eviction for failure to maintain the dwelling may (if the tenant can’t be served personally) also be served by posting the notice to a conspicuous place at the premises.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.