Updated August 18, 2022
A Hawaii eviction notice is a letter that allows a person to evict a tenant for past due rent or any other type of lease violation. The landlord will create the notice by including details of the tenant’s violation and the number (#) of days required to fix it. If the tenant does not remedy the issue, the tenant will be forced to vacate the premises or face an eviction lawsuit.
By Type (4)
15-Day Notice to Quit (
Non-Payment of Rent
)
– The landlord may use this notice at any time after the rental payment due date. The tenant has fifteen days to pay the rent before the landlord may begin eviction proceedings.
Download: Adobe PDF
5-Day Notice to Quit (
Nuisance
)
– The landlord may use this form at any time after the tenant has created a nuisance in or around the premises. A nuisance is defined under
Section 712-1270
.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
10-Day Notice to Quit (
Non-Compliance
)
– The landlord may use this form if the tenant is in breach of a provision of the lease (other than non-payment of rent). The tenant has ten days to rectify the problem before the landlord may begin eviction proceedings.
Download: Adobe PDF
28/45 Day Notice (
Month-to-Month Tenancy
)
– The landlord or tenant may use to terminate their tenancy at will. Landlords are required to give at least forty-five (45) days’ notice while tenants only have to give twenty-eight (28) days.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace Period: As agreed upon by both parties. § 521-21
- Non-Payment of Rent: 15 days. § 521-68
- Non-Compliance: 10 days. § 521-72
- Termination (Month-to-Month Lease): 45 days. § 521-71
- Eviction Lawsuit: Remedies and Penalties. § 521-61 through § 521-82
Court Forms
Complaint (Sample – Honolulu Division) – The Complaint is used to initiate the eviction process. It is filed with the court and a copy is served on the tenant to notify them of the reasons for which they are being sued for eviction.
Summons (Sample – Honolulu Division) – The Summons form is used to notify the tenant of the eviction process, the time and date of the hearing, and the consequences of not filing a written answer.
Writ of Possession – This form is used if the ruling is in favor of the landlord. It gives the necessary authorities the power to physically remove the tenant and their possessions from the property.
When is Rent Late?
Rent is late when the tenant fails to pay by the due date set forth in the lease. A landlord may provide a notice to the tenant that the rent is late and if the rent is not paid within 5 days of that notice, the landlord may begin eviction proceedings.
How to Evict (Process)
Step 1 – The landlord must provide notice in writing to the tenant before the eviction process can begin. Depending on the reason for the notice, the landlord may use one of these forms:
- 15-Day Notice to Quit (Non-Payment of Rent)
- 5-Day Notice to Quit (Nuisance)
- 10-Day Notice to Quit (Non-Compliance)
- Terminate Month to Month Tenancy Letter
Step 2 – If the tenant fails to respond to the notice provided by the landlord, the landlord may begin evictions proceedings (called summary process) by filing a complaint and summons with the County District Court where the property is located. The fee for filing is $155.00 and you must attach a copy of the lease and notice that was sent to the tenant. Each court has its own form of complaint and summons which you may access by going using the Hawaii Landlord-Tenant Forms .
Step 3 – The Summons and Complaint must be served on the tenant by a process server licensed in the bbin电竞官网官方永久 of Hawaii. The tenant will have a certain amount of time to respond – either five days after receipt or by a date specified by the court.
Step 4 – If the tenant does not respond, the court will issue a Writ of Possession and the landlord may obtain the services of a sheriff to have the tenant and the tenant’s possessions removed.
Video
How to Write (Notice to Quit)
1 – Prepare the Necessary Paperwork
The Hawaii Notice To Quit may be easily obtained on this page by clicking on one of the buttons labeled “PDF,” “ODT,” and “Word.” It is strongly recommended to be familiar with the Lease and to have it on hand before filling out this form.
2 – Confirm Recipient Name
This form will require the Full Name(s) of the designated Recipient(s) of the notification statement it contains. This may be done by filling in the Name(s) on the line provided after the word “To.”
3 – Present Lease Information
The Location of the Leased Property this Notification addresses will need to be reported in the first statement with blank spaces. These blank spaces will require the City, County, bbin电竞官网官方永久, Building Number/Street Name, and Apartment Number of the Property concerning the Notification bbin电竞官网官方永久ment on this document.
The second statement containing blank spaces will call for the components making up the Signature Date reported on the Lease. Each space must have the appropriate part of this Date recorded on it. Enter them in this order: Calendar Date, Month, and Year.
4 – Advise of Notification bbin电竞官网官方永久ment
This document provides the option of selecting one of several Notifications that may be issued to the Recipient listed above. The Preparer of this form will need to select the appropriate statement by marking the checkbox it corresponds to. Information specific to the situation will be called for in whichever statement you select.
The first option will be the “Nonpayment” Notification. Select this box if you need to issue a Notice to the Tenant that he or she has Five Days to pay a Past Due Rent or submit possession of the Leased Property to the Landlord. You may name an alternate Authorized Agent to accept the Past Due Rent but must Name this entity on the blank space provided. Similarly, you must define the Total Sum owed by the Tenant, the Rent Amount the Tenant must pay to remain, and the Time Period this amount will apply to.
The second option will be the “Noncompliance” Notification. Select this box if you must issue a Notice to a Recipient who will be given Ten Days to repair a violation regarding the Rental Agreement or leave the premises so the Landlord can re-assume possession. Document the violation on the blank line in this statement.
The third option will be the “Nuisance” Notification. Select this box if a Tenant must be informed he or she must relinquish and deliver possession of the Leased Property to the Landlord in Five Days due to violating Hawaii Statutes Section 712-1270 and is considered a Nuisance. Document the Nuisance observed on the blank space in this section.
The fourth option will be the “Month To Month Tenancy” Notification from a Landlord statement. Select this box if to notify a Tenant that his or her Month To Month Tenancy Contract will be terminated (at least) Forty-Five Days from the next Rent Due Date. The Last Calendar Date the Monthly Lease is active must be reported utilizing the blank spaces in this section.
The fifth option will be the “Month To Month Tenancy” Notification from a Tenant statement. Select this box if the Landlord must be informed, through this Notice, that his or her Tenant will end the Month To Month Tenancy Contract held on the Date you enter using the blank spaces. Make sure this Date is at least Forty-Five Days from the next time the Rent is due.
5 – Establishing Landlord Intent
The Landlord or Agent who issues this Notice must make sure the Recipient will take it seriously and that compliance is mandatory. Locate the paragraph being introduced using the bold phrase “You Are Further Notified That…” If you are a Landlord or Agent of the Landlord, issuing this Notice, then Sign your Name on the blank line provided at the end of this paragraph.
6 – Authenticating Delivery
The “Certificate of Delivery” section will conclude this document. The information in this area may only be supplied at, or after, Delivery has been affected and must be filled in by the Delivery Agent. It will call for the Date of Delivery, the Recipient’s Full Name, a definition of how the Delivery was completed, and the Agent Signature.
Use the blank spaces in the first sentence to fill in the Calendar Date of the Delivery and the complete Name of the Recipient.
Check one of the three statements at the end of this section to indicate this document’s Delivery as either completed by handing it to the intended Recipient, completed by handing this document to an adult second party who can be trusted to complete the delivery, or if it was mailed using First Class Mail. After selecting one of these statements, Sign your Name (as the Delivery Agent) to verify the information reported in this section is true.
