A Hawaii lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
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 terminates a week-to-week lease or a situation with no written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least ten (10) calendar days before the date of termination.
Hawaii 28 Day Notice To Vacate
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A Hawaii 28 Day Notice To Vacate terminates a month-to-month or year-to-year lease, as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The landlord must receive notice at least twenty-eight (28) days before the date of termination.
Hawaii 45 Day Notice To Vacate
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A Hawaii 45 Day Notice To Vacate terminates a month-to-month or year-to-year lease, as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The tenant must receive notice at least forty-five (45) days before the date of termination.
How To Write a Lease Termination Notice in Hawaii
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 Calculate Expiration Date in Hawaii
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in Hawaii
Hawaii landlords and tenants may deliver a written lease termination notice by any method which results in the notice being actually delivered to the other party. The law specifically endorses these methods:
- Hand delivery to the other party
- Delivery to the other party’s address of record
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 Haw. Rev. Stat. § 521-9(c)
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Source Link
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.