The Hawaii 28/45 day notice to quit, pursuant to § 521-71, is only used in month-to-month tenancies. Under Hawaii law, landlords must give month-to-month tenants at least forty-five (45) days notice before terminating the lease agreement. Tenants are required to give the landlord a minimum of twenty-eight (28) days notice before moving out (i.e. terminating the lease/rental agreement). Note: Although landlords do not need any specific reason to end a month-to-month tenancy, they cannot terminate it due to the tenant’s race, sex, etc. How to Write Step 1 – Download the notice in Word or .PDF format. Step 2 – Enter
The Hawaii eviction notice is a form that is sent from a landlord to a tenant to notify them that they are either (1) in violation of their written lease agreement or (2) the lease has been terminated (only for month-to-month leases). All notices must be given in accordance with the service of process rules which allows the landlord to personally deliver or send through certified mail (return receipt).
For Non-Payment of Rent – 5 days (§ 521-68)
For Nuisance – 5 days (§ 666-3)
Lease Termination (Month-to-Month Lease) – Landlords must give 45 days while tenants must give 28 days (§ 521-71)
The Hawaii ten (10) day notice to quit, in association with § 521-72, is used to notify a tenant that they are in violation of specific regulations of a lease agreement. The notice must be served to tenants before a landlord can begin the eviction lawsuit process. If the tenant does not correct their violation(s) by the end of the ten (10) day notice period, the landlord has the legal right to terminate the lease agreement and file a Complaint for Summary Possession at the local district court. How to Write Step 1 – Download the Hawaii 10 day notice to
The Hawaii five (5) day notice to quit, as described by § 666-3, may be used by a landlord to send notice of intended lease termination to a tenant that is being a nuisance (e.g. violating the lease agreement, bothering other tenants, etc.). The violations/behavior must be rectified within 24 hours, otherwise the lease agreement will be terminated and the tenant will be required to vacate the rental unit within five (5) days. The notice should be served personally, or through certified mail. If these options are exhausted, the notice can be posted in a conspicuous location on the premises of
The Hawaii five (5) day notice to quit, in accordance with § 521-68, is used to notify tenants of their past due rent. Hawaiian law states that landlords must give tenants five (5) days to pay their rent before terminating the lease agreement and filing for an eviction (aka summary possession) in court. The notice should be delivered personally or through certified mail, however if either option is not possible then notice can be posted on the rental property (such as on the door). How to Write Step 1 – Download the form (.PDF) and then print it out. Step 2
How to Evict a Tenant (Process)
Step 1 – The first step in evicting a tenant in Hawaii is to serve them a “notice to quit” (aka lease termination/eviction notice). The notice period ranges from five (5) to forty-five (45) days depending on the type of tenancy (month-to-month, at-will, long-term, etc.), as well as the reasoning behind the termination of the lease. If the tenant has failed to pay the rent, the landlord must issue a five (5) day notice to quit. In cases where the tenant has failed to comply with lease regulations (i.e. failure to maintain/negligence), the landlord must issue a ten (10) day notice demanding that the tenant correct the violations. Month-to-month tenancies require a forty-five (45) day notice period.
Note: If a tenant is causing excessive damage to the rental unit or causing harm to other renters, the landlord can terminate the lease/rental agreement without any notice to the tenant.
Step 2 – The notice should be delivered personally or through certified mail. If these options are not possible, the notice can be posted in a conspicuous location on the rental property. If the tenant fails to pay the rent or correct the problem(s), the landlord can terminate the lease agreement and file a Complaint for Summary Possession (i.e. eviction) at the local court. The clerk who files the Complaint will set a date for the trial, and issue a Summons to be served to the tenant.
Step 3 – The tenant must appear in court on the date that is on the Summons. If the tenant fails to appear in court, a default judgement will be entered against them. If the eviction goes to trial and a default is awarded to the landlord, a Writ of Possession will be ordered by the judge. The Writ will be served to the tenant by the Sheriff.
Note: The tenant can contest the Complaint, or enter a General Denial plea, both of which will elongate the trial process. If the tenant loses at trial, they may be required to pay for the landlord’s legal fees in addition to any owed rent amounts.