The Hawaii 28/45 day notice to quit is used when a tenant or landlord chooses to terminate a month-to-month rental agreement. In the case of a landlord evicting a tenant, the landlord shall provide the tenant with notice and allow forty-five (45) days for the individual to vacate the dwelling along with their personal belongings. If a tenant decides to terminate their tenancy, they must give the landlord a minimum of twenty-eight (28) days notice before moving out. The landlord may only take legal action against the tenant if they continue to possess the dwelling past the final notice date. Laws – § 521-71
Hawaii Eviction Notices – 5, 10, and 45 Day Notices to Quit
Hawaii eviction notices specify a duration of time in which a tenant must either vacate a rental unit or correct a violation incurred during their residency. If the tenant takes no action to resolve the issue(s) of their eviction, they must vacate the dwelling and remove their personal belongings within the allotted period (between 5 and 45 days). Should the tenant continue to possess the dwelling, the landlord may commence the eviction process by filing a Complaint for Summary Possession with the district court.
Non-Payment of Rent – 5 days (§ 521-68)
Nuisance – 5 days (§ 666-3)
Terminate Month-to-Month Lease – 45 days (§ 521-71)
The Hawaii ten (10) day notice to comply or quit may be used by a landlord to inform a tenant that they have violated the rules and regulations of their rental agreement. The notice gives the tenant a ten (10) day period to correct their violation(s) or vacate the premises of the dwelling. If the tenant neither complies with the rules of their lease or has left the residence after the ten (10) day period has elapsed, the landlord may terminate their tenancy and take legal action against the individual by filing a Complaint for Summary Possession at the district court. Laws – § 521-51 and § 521-72
The Hawaii five (5) day notice to quit may be used by a landlord to send notice of an intended lease termination to a tenant that is being a nuisance (e.g., lighting fireworks, unlawful occupants, use of aerial devices). The violations/behavior must be rectified within twenty-four (24) hours or the lease agreement will be terminated and the tenant will be required to vacate the rental unit within five (5) days. If the tenant has not removed their belongings and vacated the dwelling after five (5) days, the landlord may sue the tenant by filing a Complaint for Summary Possession with the district court.
The Hawaii five (5) day notice to pay or quit informs a tenant they have five (5) days to pay their rent in full or vacate the premises of the residence. The landlord or their agent may serve the document to the tenant at any point after they fail to pay rent by the preestablished due date. The tenant must then furnish all payments both due and delinquent or surrender possession of the dwelling. If the tenant fails to cure the situation within five (5) days, the landlord may file a suit with the district court to reclaim possession of the dwelling. Laws – § 521-68
How to Evict a Tenant (Process)
A tenant residing in Hawaii can be evicted if they fail to vacate a residency or correct a violation of their rental agreement. The landlord may take action against the tenant by filing a Complaint for Summary Possession with the district court. If the court rules in favor of the landlord, a Writ of Possession (a.k.a. Forcible Entry and Detainer) will be issued. This document authorizes the sheriff or other law enforcement to remove the tenant from the rental unit.
Step 1 – Choose the Correct Notice Type
You will need to give the tenant an eviction letter, referred to as a “Notice to Quit,” indicating the period in which they must vacate the premises or resolve the issue for their eviction. Review the information below to determine the notice type which suits your eviction circumstance.
5-Day Notice to Quit – If the tenant fails to pay rent by the predetermined due date.
5-Day Notice to Quit – If the tenant, or invitee or employee of the tenant, causes a nuisance.
10-Day Notice to Quit – If the tenant is non-compliant with the rules of the dwelling.
45-Day Notice to Quit – If the landlord decides to terminate a month-to-month tenancy.
A notice period of one-hundred and twenty (120) days shall be given to the tenant if their lease is being terminated due to a voluntary demolition or if the dwelling is being converted to a condominium or transient vacation rental.
Note: A tenant who causes irremediable harm to the property or a person residing therein may be evicted without notice.
Step 2 – Deliver the Notice to Quit
Fill out the notice and make a photocopy of the form once completed. The original document must be served to the tenant by certified mail, personal delivery, or left in a conspicuous location on the premises of the dwelling.
Step 3 – Prepare Complaint
If the tenant fails to exit the dwelling or resolve the issue of their eviction (e.g., pay rent, comply with obligations), legal action may be taken by filing a Complaint for Summary Possession. Begin this process by downloading the Complaint form for your county.
Complaint for Summary Possession:
Step 4 – File the Complaint
Complete the Complaint for Summary Possession and bring it to the district court in your county. Your filings must also include a copy of the tenant’s rental agreement and all amendments (if applicable), a copy of the Notice to Quit, a Civil Information Sheet, and a filing fee of $155. All items must be filed with a clerk.
Step 5 – Serve Summons
After filing, the clerk will arrange a trial date for your case. You will then be issued a Summons that must be served to the tenant; a Summons will inform the individual that they have been requested to appear in court. Serve the paper to the tenant and await your trial (view the District Court Rules of Civil Procedure to learn how a summons must be served).
Step 6 – Attend Initial Trial
Attend your hearing and present your eviction information to the court. The tenant may choose to enter a General Denial plea allowing them to dispute their eviction at a subsequent hearing.
If the tenant fails to appear in court, the judge will issue a Default Judgement settling the case in your favor. You will receive a Writ of Possession indicating the amount owed by the tenant including any additional fees or expenses. This document also permits the sheriff, deputy sheriff, a police officer, or an independent civil process server to remove the tenant and their possessions from the dwelling.
Step 7 – Prepare for Eviction Trial
A second trial may be needed if the tenant disputes the eviction. Prepare for the hearing by gathering all relevant documentation and conferring with your witnesses (if any). Depending on the county, the judge may schedule a pre-trial hearing during which both parties will present the evidence they plan on submitting to the court.
Step 8 – Attend Eviction Trial
Visit the courthouse for your eviction trial and present your case before the judge. If the ruling is in your favor, a Writ of Possession will be issued and served to the tenant by an independent process server, the sheriff, deputy sheriff, or a police officer. In the event that the tenant continues to occupy the residency, the sheriff or another authorized individual may assist you in removing the tenant and their property from the dwelling.