A Hawaii eviction notice is a written document used by a landlord or property management company to inform the tenant that they have violated the lease in some way. A Hawaii eviction notice must be legally served before the landlord can file a legal eviction through the county court. All eviction notices must comply with Hawaii landlord-tenant law. Eviction notices are commonly referred to as a notice to quit.
In this section, we’re going to look at the components found in Hawaii eviction notices. The most common Hawaii eviction notices are 5-Day Notice to Quit for Nuisance, 10-Day Notice to Quit for Non-Compliance, and a 28/45 Day Notice (Terminate a Month-to-Month Tenancy Letter). While all of these eviction notices must include some specific information, all of them share some common components:
5-Day Notice to Quit for Non-Payment of Rent
A 5-day notice to quit for non-payment of rent is a Hawaii eviction notice used when tenants do not pay their rent on time. Under Hawaii landlord-tenant law, rent is considered late if the tenant doesn’t pay by the date listed in their due date. Past that point, the tenant has only five days to pay their rent before the landlord may start the eviction process. These notices must comply with § 521-68. This notice should include:
24 Hours – 5-Day Notice to Quit for Nuisance
This notice is used to advise that a tenant must correct a nuisance on the property within 24 hours. If they do not correct the issue, the tenant must vacate the property within 5 days. If the tenant prepaid their rent, the landlord must refund the prepayment if the tenant elects to leave the property. Additional components include:
This particular notice to quit is regulated by § 666-3.
10-Day Notice to Quit for Non-Compliance
A 10-day notice to quit for non-compliance is used when a tenant violates the lease in some way other than non-payment of rent. This notification to quit is regulated by § 521-72. The tenant has 10 days to correct the violation of the lease. If they do not correct the violation, they must vacate the property at the end of that 10 days. If a second breach occurs, the landlord can issue a summary proceeding for possession.
This particular notice should include an explanation of the violation.
28/45 Lease Termination Letter for Month-to-Month Tenancies
A 28/45 lease termination letter isn’t quite the same thing as an eviction notice. It does, however, inform the tenant that the landlord does not plan to renew the month-to-month lease agreement. Hawaii has a law that states landlords must give their tenant 45 days’ notice to terminate the month-to-month lease. If a tenant wants to terminate the agreement, they must provide the tenant with 28 days of notice.
This notice should give the date that the lease ends.
Hawaii eviction notices must comply with the state’s landlord-tenant laws. Landlords cannot resort to “self-help” evictions by changing the locks, removing the tenant’s belongings, or turning off the utilities without a court order. It is a legal requirement for the landlord to first serve the tenant with an eviction notice before they can begin a court case. Additionally, landlords may not evict tenants for discriminatory reasons or because the tenant reported the property or the landlord because the property isn’t being kept up to code. An illegal eviction, including for reasons of discrimination or retaliation, can open the landlord up to a lawsuit.
Hawaii eviction notices must have the proper components as mentioned above and it must include the proper amount of time that is required under state law. Failure to include the proper components or the right amount of time to correct the defect could mean that the landlord is unable to legally evict the tenant.
Tenants have rights in Hawaii. If you are renting property, you can download a free guide to landlord-tenant laws. It’s important for you to understand your rights and your obligations as a tenant. If you’re served with an eviction notice, read it in full. You need to look for some key information: why the eviction notice was issued, how long you have to correct the problem, and how you can contact the landlord if you have questions. Reaching out to your landlord can be helpful, but you must stay calm.
If you believe that the eviction is illegal, you have a few options. First, you can contact a landlord-tenant attorney and have them review the facts surrounding your eviction. The lawyer can tell you if the landlord is illegally evicting you and what legal options you have. If you cannot afford a lawyer, you can contact a law school and ask if they have a legal clinic that can help you as a tenant. Sometimes, law schools have these clinics and provide low-cost or free services so that the third-year students who are almost ready to sit for the bar exam can get some hands-on experience while they are supervised by licensed attorneys. Your final option, aside from working to address the situation on your own, is to look for a legal aid office. They often provide low-cost legal help to tenants facing eviction. They also usually have useful resources, too.
Landlords in Hawaii must follow landlord-tenant law if they want to evict a tenant. To learn more about writing an eviction notice that complies with state law, revisit the Components section above. Eviction notices must be legally served before a landlord can file a lawsuit against the tenant in county court. If you’re a landlord and you need more information about the eviction process or how to write a legal Hawaii eviction notice, talk with a landlord-tenant lawyer.