The Hawaii eviction notice is a document that the landlord uses to notify the tenant that they are terminating the lease agreement and that the tenant has a certain number of days to leave the rental unit.
The landlord should always stipulate the reasons for the eviction and optionally provide the tenant with a way to remedy the violations they've committed and continue their tenancy.
For more severe violations of the lease terms and landlord-tenant laws, the landlord can terminate the tenancy without giving the tenant the possibility to remedy the violation.
Types of Eviction Notices in Hawaii
The landlord should issue a different type of eviction notice based on the type of lease and the violation the tenant has committed.
Notice to Pay Rent or Quit
The landlord can evict the tenant for not paying the rent on time. However, before doing so, the landlord must send a notice to the tenant, giving them at least 15-day notice to pay the rent or move out. If the tenant doesn’t comply, the landlord can move on and file an eviction lawsuit.
If the tenant violates any of the lease terms or landlord-tenant laws or regulations, the landlord can terminate the lease agreement and evict the tenant. In cases where the violation is curable, the landlord will give the tenant 10 days to remedy the violation or leave the property.
However, if the violation is incurable, the landlord can evict the tenant immediately after sending them the notice.
Terminating the Month-to-Month Lease
If the tenant resides in the leased unit based on the month-to-month tenancy agreement or as a holdover tenant, both parties can terminate the tenancy without a specific reason. However, if the landlord wants to terminate the tenancy, they must inform the tenant at least 45 days in advance.
Eviction Laws and Requirements in Hawaii
Laws & Requirements
Rent grace period. As agreed to by the landlord and the tenant (§ 521-21)
Notice for non-payment of rent. At least 5 business days (§ 521-68)
Notice for non-compliance. No less than 10 days (§ 521-72)
Termination of the periodic lease. 45 days for the month-to-month lease (§ 521-71)
Illegal activity. 24 hours (§ 666-3(b))
Eviction lawsuit. Remedies and penalties (§ 521-61 — § 521-82)
When is Rent Late in Hawaii?
Since the Hawaii statute doesn’t provide any grace period for the rent payment, the rent is considered late as soon as the due date is over.
Therefore, it is important that the landlord and the tenant determine the due date and insert it in the lease agreement. If nothing is provided, the rent is usually due on the first day of the payment term, either the first day of the month or the first day of the week.
Grounds for Eviction in Hawaii
In Hawaii, the landlord can evict the tenant for the following reasons:
Grounds for Eviction
If they fail to pay the rent before the due date
For violating the tenancy rules or landlord-tenant laws and regulations
If the tenant uses the property for illegal activities
When terminating the tenancy at will or a month-to-month tenancy
When issuing the eviction notice to the tenant, the landlord should describe the reasons for the eviction.
Eviction Process in Hawaii
In the section below, you can find a step-by-step guide on what the eviction process in Hawaii looks like.
#1. Write a Notice
The eviction process in Hawaii starts when the landlord issues an eviction notice to the tenant. The notice should be in writing, and the landlord should use the right type of notice depending on the type of lease and the reasons for the eviction.
The landlord should also have proof that the tenant has received the eviction notice.
#2. File the Complaint
If the tenant doesn’t comply with the requests in the eviction notice, the landlord can start the eviction process before the court. They do so by submitting the complaint, a copy of the lease agreement, a copy of the eviction notice, and a summons to the county’s court office.
#3. Serve the Tenant
The licensed process server then serves the tenant with the complaint and summons. The tenant will then have a chance to respond to the court in writing and present their arguments against the landlord’s claims.
#4. Court Holds a Hearing and Issues the Judgment
If the tenant fails to provide their written answer to the court or fails to show up for the court hearing, the court will issue a default judgment in the landlord’s favor. After the judgment is issued, the tenant can ask the court to issue a Writ of Possession, based on which the sheriff can remove the tenant from the rental unit.
Other Eviction-Related Forms in Hawaii
Other Eviction-Related Forms
Complaint. The landlord uses this form to initiate the eviction process before the court. When submitting the form, the landlord must also attach a copy of the lease agreement and a copy of the eviction notice. (Forms for the 1st, 2nd and 3rd Circuit)
Summons. This form is forwarded to the tenant, informing them of the eviction process details, court hearing date, and instructions on how to file an answer to the landlord’s claims. (Forms for the 1st, 2nd and 3rd Circuit)
Writ of Possession. The court issues this document after ruling in the landlord’s favor. It serves as the last notice to the tenant to leave the property, and it gives authority to the relevant body to remove the tenant from the property. (Forms for the 1st, 2nd and 3rd Circuit)
Eviction Information for Landlords in Hawaii
The landlord must issue the eviction notice to the tenant and give them a deadline to voluntarily leave the property before initiating the eviction process before the court. Moreover, the landlord cannot physically remove the tenant from the property before the court issues the Writ of Possession.
If they violate any of the rules for the eviction process, the landlord will be obliged to pay the tenant damages, plus any court and attorney’s fees.
Eviction Information for Tenants in Hawaii
If the tenant receives the eviction notice, they should look for the reasons for the eviction and see if there is an option to remedy the violation and stop the eviction.
If the landlord starts the eviction before the court, the tenant can fight the eviction if:
Eviction Information for Tenants
The landlord initiated the eviction as a retaliatory or discriminatory measure against the tenant.
Any of the illegal actions are used during the eviction process. This often includes changing the locks at the property, shutting off the utilities, and removing the tenant’s belongings from the property.
The tenant already remedied the violation the landlord named as a reason for the eviction.
How to Write an Eviction Notice in Hawaii
Hawaii Eviction Notice Checklist
Hawaii Eviction Notice FAQ
You can file an eviction notice when the tenant violates the lease terms or landlord-tenant laws or is late with their rent payment. With a month-to-month tenancy or tenancy at will, you can file an eviction notice without a specific reason.
An eviction notice is a necessary document that is required to initiate the eviction procedure before the court. If the landlord submits a complaint to the court without attaching a copy of the eviction notice, the court will decline the landlord’s request.
The eviction process in Hawaii can take between 1 and 3 months. Depending on the reasons for the eviction, the type of lease, and the actions of the tenant in the process before the court, this process can take even longer.
In all situations except incurable violations, the Hawaii landlord-tenant law requires a notification period that is longer than 3 days. Only when the tenant commits an incurable violation can the landlord immediately evict them. Therefore, they can also give the tenant a 3-day notice if they wish.