A Hawaii lease termination notice form is an official legal document provided to either the tenant or the landlord informing them that the tenancy is ending. If rent is paid monthly, then at least 45 days notice must be provided before the tenancy can end.
Types of Hawaii Lease Termination Notice Forms
Notice Form | Lease Type | Notice Required |
10 Day Notice to Vacate | Weekly | 10 Days – Either Party |
28 Day Notice to Vacate | Monthly / Yearly | 28 Days – Tenant |
45 Day Notice to Vacate | Monthly / Yearly | 45 Days – Landlord |
Hawaii 10 Day Notice to Vacate
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A Hawaii 10 Day Notice to Vacate is used by the landlord or the tenant to end a week-to-week lease or for tenants that do not have a written lease that pay rent weekly. This lease termination letter provides the other party at least ten (10) calendar days notice prior to the termination date.
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 or year-to-year lease. This lease termination letter may also 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 legally required amount of notice for a tenant.
The letter is provided at least twenty eight (28) calendar days prior to the termination date set forth in the notice or expiration of the lease.
Hawaii 45 Day Notice to Vacate
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A Hawaii 45 Day Notice to Vacate is a lease termination letter used to terminate a month-to-month or year-to-year lease. This lease termination letter may also 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 legal letter is delivered at least forty five (45) calendar days before the end date specified in the notice or expiration of the lease.
How to Write a Lease Termination Notice in Hawaii
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Calculate Expiration Date in Hawaii
A lease termination letter takes effect the day after it is served. Lease termination letters must be delivered at least the legally required number of calendar days in advance of the termination date. For example, with a month-to-month lease, if the landlord is terminating the lease on June 30th, the letter must be served before May 15th.
If the last day of the notice period falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the following judicial day (a day when the courthouse is open).
How to Serve a Lease Termination Notice in Hawaii
A landlord can deliver lease termination notices in Hawaii using any of the below acceptable methods:
- Handing the notice to the receiving party in person;
- Handing the notice to a person at the premises who can accept the legal letter on behalf of the other party;
- 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 HI Rev Stat § 521-71
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When the tenancy is less than month-to-month, the landlord or the tenant may terminate the rental agreement by notifying the other at least ten days before the anticipated termination.
Source Link - 2 HI Rev Stat § 521-71
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When the tenancy is month-to-month the tenant may terminate the rental agreement by notifying the landlord, in writing, at least twenty-eight days in advance of the anticipated termination. When the tenant provides notice of termination, the tenant shall be responsible for the payment of rent through the twenty-eighth day.
Source Link - 3 HI Rev Stat § 521-71
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When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation.
Source Link - 4 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 - 5 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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