A well-prepared and legally compliant HI eviction notice is the first step to a successful eviction. Create your own printable notice form with step-by-step help and personalized templates.
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Table of Contents:A legal eviction in Hawaii can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
There are many specific causes that can prompt eviction action. Not using the correct HI legal document, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
This type of eviction notice gives tenants 5 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.
When a tenant has created a nuisance in or around the property, the landlord may use this form to evict the tenant.
If a tenant fails to comply with the terms of the lease, aside from not paying rent, landlords may issue them with a 10-Day Notice to Quit. This gives them 10 days to correct the issue or leave the property.
Assuming the tenant corrects the violation, the notice will be rendered invalid and a new eviction warning will need to be issued if other breaches of the contract occur.
However, it’s also possible to issue an unconditional 10-Day Notice that doesn’t give the tenant a chance to correct the violation. This only normally happens when more severe transgressions take place.
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 45-Day Eviction letter.
If this is used, the tenant must leave the property within 45 days of this notice being delivered.
Be aware, however, if you continue to accept rental payments during this period, the notice will be considered null and void. This also does not include any payments of owed back rent.
An eviction notice in Hawaii is only legally valid if it provides the correct amount of notice based on the purpose for the lease termination. The reason you evict the resident must also comply with HI law.
In Hawaii you may evict someone for the following reasons:
| Reason | Notice duration |
|---|---|
| Nonpayment of rent | 5 days' notice |
| Nuisance | 15 days' notice |
| Lease termination | 45 days' notice |
| Lease violations | 10 days' notice |
The Hawaii eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore, the landlord must take the correct steps and follow the right procedures, as detailed by HI state law. To correctly complete an eviction in Hawaii, the landlord must do the following:
If you’re unfamiliar with using a Hawaii eviction notice as a property owner, it can often be helpful to see a real-life example before creating your own. Our sample template below shows exactly how a completed document should appear.
There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out a home, or plan to do so in the future, use the following documents below to ensure your property is properly looked after:
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Idaho’s eviction notices in our FAQs below and learn how to use these forms effectively.
Hawaii landlords still need to serve a proper eviction noticee person residing on the property doesn’t have an official lease. In the case of month-to-month renters, this requires the landlord to provide a 45-Day Notice to Quit, before terminating their holdover or “at-will” tenancy.
It is important to bear in mind that landlords are still required to serve an eviction notice even when evicting squatters or illegal occupants. In this case, they will need to deliver a 5-Day Notice to Quit, giving the resident 5 days to leave the premises.
The notice period a landlord needs to give in Hawaii always depends on their reason to evict. When a HI eviction notice is served, it must provide the correct duration for the infraction, or it won’t be valid. This can be as few as 5 days for a missed rental payment and up to 45 days when terminating a lease.
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Hawaii eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $500 not including potentially lost rent).
However, if the tenant refuses to leave the property, this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.
You are only a few steps away from your own Hawaii Eviction Notice!
Download our professional examplesYOU ARE HEREBY NOTIFIED THAT:
(i) You are a Tenant for the Premises described above, of which you now hold possession.
(ii) Your Lease and/or rental agreement creates a month-to-month tenancy.
(iii) In accordance with the aforementioned lease and/or rental agreement and the laws of the State of Hawaii, _________ shall give you at least FORTY-FIVE (45) days written notice prior to the termination of your tenancy.
(iv) By serving you this Notice of Termination, the Landlord is exercising its right to terminate your month-to-month tenancy. Consequently, you shall vacate the Premises and turn over possession of the same to _________ or its agents, within FORTY-FIVE (45) days after service of this NOTICE.
Failure to vacate the premises within the time period specified above will result in forfeiture of the lease and/or rental agreement. In addition, the owner or landlord will be entitled to institute legal proceedings against you to recover rent, damages, and possession of said premises.
PLEASE NOTE THAT:
This is a FORTY-FIVE (45) day legal notice for the purpose of terminating your tenancy, in compliance with Hawaii Revised Statutes § 521-71.
Reserved Rights
The Landlord retains and shall be entitled to enforce the rights and remedies provided under the lease and/or rental agreement and under any applicable laws of the state of Hawaii at any time in connection with any and all defaults or events of default now existing or hereafter arising. Nothing in this notice may be construed as a waiver of such rights and remedies.
By: ______________________________
_________
_________, _________, _________ _________
_________
I, the undersigned, declare under penalty of perjury and pursuant to the laws of the state of Hawaii that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:
- On ____________________, I handed the notice to the tenant(s) personally.
- On ____________________, I mailed a true copy of the document by:
Postage fully prepaid, addressed to the tenant's place of residence.
- On ____________________, after attempting service in the manners indicated above, I posted the notice by affixing it to a conspicuous part of the door at the tenant's place of residence.
Executed on _______________________
Served by _________________________
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