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:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the cause for which the tenancy is being terminated
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- 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:
- Hand delivery to the tenant
- 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.
Sources
- 1 HI Rev Stat § 521-69
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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 Haw. Rev. Stat. § 521-9(c)
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A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:
(1) It comes to the person’s attention; or (2) It is delivered at the place of business through which the rental agreement was made or at any place held out as the place for receipt of such communications. - 3 Haw. Rev. Stat. § 521-69(a)
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If the tenant is in material noncompliance with section 521-51 [duty to maintain dwelling unit]… [and] 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.
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See also Haw. Rev. Stat. § 521-68 (“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.”) for nonpayment of rent.