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Read further to learn more about the residential lease termination process in Hawaii and how many days notice are required in which situations.
What is a Lease Termination Notice?
A residential lease termination notice is a type of document that needs to be used when either the landlord or the tenant wishes to end the terms of their month-to-month rental agreement. According to the state of Hawaii’s statute § 521-71, the landlord will need to serve one of these documents to the tenants with at least 45 days notice before the date that they wish to terminate the residential agreement that they already have. If it is the tenant that wishes to end the arrangement, they will be required to give the landlord a notice of intent that is at least 28 days before they vacate the unit.
This period of time should be more than enough for the tenant to find a new place to live and the landlord to find a new tenant for the unit that is being vacated. Since most month-to-month arrangements are designed to automatically renew the terms of the lease, it is vital that this notice is sent out well in advance so that the new month is not paid before they are given notice that the lease will be ending.
How to Write a Lease Termination Notice in Hawaii
When writing a termination form, most of the information that will be required to write it will be found in the original rental agreement. Make sure that you take note of the original rental date on the agreement so that it is printed correctly in this document. Other information that will need to be included in the document includes:
In this section, the tenant or the person who is receiving the notice needs to be addressed as the person that the termination notice pertains to. The full name of the tenant, as well as all the names of the roommates that are residing in the unit, will need to be added here. If this is designed to be heading to the landlord, then the notice will need to address either the landlord or the management company.
The section that comes next in this type of document is the part that will describe the unit that the tenant is living in currently. This is the property that the tenant is being asked to vacate, so any identifying information about the unit should be listed here to ensure that there is no confusion about the unit that is being discussed. In addition, the full address of the unit will be listed here, which includes the full street name and the county that it is located in. Don’t forget to include the unit number as well as the zip code with this information.
In this section of the document, the landlord will need to put information about the tenant’s lease, which will include the date of the original lease as well as the terms that were specified. The notice provides the tenant with a 45-day period of time before they will be required to vacate. Once this period has passed, the tenant will be required to be out of the unit so that the landlord can make repairs and get the unit ready for a new tenant. Since this period of time will extend past the next time that the rent is due, state the date when the next date is due to be paid before the termination occurs.
This section should also have some information that will be pertinent to the tenant if they decide to not vacate the premise before the allotted time has passed. Typically, once the time is over, the landlord will decide to move ahead with the eviction proceedings. If the tenant does not receive the notice with a 45-day allotment, it is likely that they will press to get another 30 days in the unit before they vacate it entirely.
At the bottom of the document, there will be a signature section that will need to be filled out by the person that is sending the residential lease termination notice. The name of either the landlord or the tenant will need to be printed as well as signed. The date that the document was signed must also be added to the notice.
Delivery of the Notice
Once the notice is written up completely and signed, it will need to be delivered. Typically, the person who makes the delivery to the tenant will not be the landlord personally, but it will be someone who is a part of the management team. This person will need to record the method of delivery that they use so that the landlord has proof that the tenant received the notice with 45 days remaining before they are being asked to vacate the unit. There are three ways in which this type of notice can be delivered to the tenant, and they are:
- In person: If the unit is on the same premises as the rental office, then a member of the management team is likely to take the notice and hand-deliver it to the tenant. If this is done, the delivery agent must note the date and the time that the notice was given to the tenant.
- Through a proxy: If the person who the notice is addressed to is not available, the delivery agent is permitted to hand the notice to a responsible adult who is living in the unit. If the agent decides to use this method of delivery, they will need to also send a version of the notice through the mail to ensure that the tenant actually receives it in a timely fashion.
- Posted to the door: If there have been several attempts to deliver the notice to the tenant, and they do not seem to be available during regular business hours, the notice can be attached to the door for them to see when they return to the unit. There must have been an attempt to reach the tenant several times before this method is used, and if it is the last resort, an additional copy of the document will need to be sent through the mail as well.