Hawaii Eviction Notice Forms are official documents used by a landlord when a tenant has violated the terms of an active rental agreement by either failing to pay rent or not following set rules. They can also be used to legally terminate a month-to-month tenancy agreement. If a tenant fails to respond to such a notice from the landlord, the landlord is allowed to initiate eviction proceedings by filing a complaint with the local district court.
How to Evict a Tenant in Hawaii
Step 1: Provide Proper Notice
The Hawaii eviction process begins when the landlord sends the tenant an eviction notice detailing their violation. Depending on the violation, one of these notices may be sent:
- A 5-Day Notice to Quit for Non-Payment of Rent
- A 5-Day Notice to Quit for Nuisance
- A 10-Day Notice to Quit for Non-Compliance
- A Lease Termination Notice for Month to Month Tenancy
Step 2: Begin Eviction Proceedings
If the tenant fails to rectify their violation of move out by the indicated time, the landlord may file a complaint with the district court to begin the summary process or eviction proceedings. He/she will also need to pay a filing fee of %155 and attach a copy of a valid lease agreement and the eviction notice sent to the tenant.
Step 3: Serve the Tenant
Once the landlord files a complaint, a licensed server must be contacted to serve the tenant with the complaint and summons. The tenant will then have a specified amount of time to reply to the landlord’s allegations.
Step 4: Go to Court
If the tenant fails to respond or the landlord proves their case, the court will issue the latter a Writ of Possession which can be presented to the sheriff to effect the eviction.
When Is Rent Due in Hawaii?
Rent is due in Hawaii on the date reported on the lease agreement signed by the landlord and tenant. If a tenant hasn’t paid rent by this date, the landlord may send them a 5-day notice to pay or quit.
Hawaii Eviction Laws and Requirements
Under § 521-21, the grace period for late rent should be as agreed upon in the rent agreement. A tenant who has not paid rent by this date is entitled to 5 days (after the service of the notice) to pay the due amount or move out. If they don’t pay or move out by then, the landlord may file an eviction lawsuit under § 521-61 through § 521-82. This also applies to noncompliance (10-day notice, § 521-72) and lease termination (45-day notice, § 521-71).
Related Hawaii Court Forms
Eviction court forms in Hawaii are available on a county-by-county basis, with every county offering variations of the following:
- Complaint – Filed with the court by a landlord to initiate the eviction process against a violating tenant.
- Summons – Served on the tenant alongside the Complaint to inform them of the case filed against them, the trial date, and the consequences of not responding.
- Writ of Possession – This document may be requested by the landlord after the court has ruled in their favor to permit the relevant authorities to remove the tenant from the property.
How to Write a Hawaii Notice to Quit
Step 1: Gather all the necessary documents that may come in handy during this process. This includes the original lease agreements and any past notices sent to the tenant.
Step 2: Refer to the lease agreement and supply the tenant’s full name, the property address, and the exact signature date of the agreement.
Step 3: Include a short subject line that captures your reason for writing e.g. ‘Notice to Pay or Vacate.’
Step 4: Mention the breach in the first paragraph, quoting the clause in the lease agreement that warns against it. Next, pick the type of notice you are writing and continue as follows:
- Rent non-payment – Define the due rent by stating the total due amount, rent period, and any applicable penalties. Supply the tenant with payment information including the account number, minimum required amount, and the name of the agent authorized to collect payment. Give the tenant 5 days to pay or move out.
- Noncompliance – Describe the violation, relating it to the lease, and give the tenant 10 days to fix it or move.
- Nuisance – Describe the tenant’s violation (it must be defined as a nuisance under the state Statutes Section 712-1270). Give the tenant 24 hours to fix the problem, or 5 days to move out.
- Lease termination – Supply an effective date that gives the tenant a 45-day notice and a landlord a 28-day notice.
Step 5: Establish your intent to take legal action against the tenant if they don’t comply with your instructions by a given date.
Step 6: (To be completed by the deliverer). Indicate the method of delivery, the name of the person who received the notice, the address, and the delivery date. Sign your name under this information.
Note: An eviction notice in Hawaii must be delivered directly to the tenant or an adult second party who will complete the delivery, or mailed through First Class Mail.
Hawaii 5-Day Notice to Quit (Non-Payment of Rent)
The 5-Day Notice to Quit for Non-Payment of Rent is used to notify a tenant that they are in default of the rent and must pay or move out of the property within 5 days. In Hawaii, this notice must be served directly to the tenant or, in the event they are absent, posted in a conspicuous place on the rental unit.
{Date}
{Recipient’s Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
Pursuant to §521-68, you are notified that your rent payment of {amount} for the property known as {property address} is now in default. You are required to make full payment to {landlord/agent’s name} or surrender possession of the premises within 5 days after the service of this notice. Failure to pay or vacate the property will result in an eviction lawsuit being filed against you.
Sincerely,
{Your Name}
{Your Signature}
Hawaii 5-Day Notice to Quit (Nuisance)
The Hawaii 5-Day Notice to Quit for Nuisance is sent by a landlord to notify a tenant that they have 24 hours to resolve a nuisance. If the tenant fails to do this, the landlord may send a second eviction notice informing the tenant to move out of the property within 5 days of the second notice.
If a tenant has to vacate the premises due to a nuisance and had paid rent, the landlord must refund the amount to which the tenant is entitled. The landlord may, however, keep the amount equivalent to the days the tenant stays past the expiry of the 5-day notice.
{Date}
{Recipient’s Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
You have violated the terms of your lease by {describe nuisance}, which is considered a nuisance under Statutes Section 712-1270. This is to notify you that the Landlord will terminate the lease dated {signature date} for the property on {address} if this breach is not cured within 24 hours of this notice.
You are thus notified to cure the matter within 24 hours or surrender possession of the property within 5 days after the service of this notice. The latter option does not release you from your rent payment obligations. If you don’t comply, an eviction lawsuit will be filed against you.
Sincerely,
{Your Name}
{Your Signature}
Hawaii 10-Day Notice to Quit (Non-Compliance)
The Hawaii 10-Day Notice to Quit for Non-Compliance is sent by a landlord to a tenant that has violated any rule defined under § 521-72 (does not include rent payment). It gives the tenant at least 10 days to remedy the problem or move out, with the only exception being when a tenant threatens to or causes damage to another person.
{Date}
{Recipient’s Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
You have violated the {section number} clause of the lease dated {signature date}, which states {cite lease and describe violation}. Pursuant to §521-72, you are notified that you have 10 days following the service of this notice to cure this matter or move out of the property located at {address}.
If you fail to comply or vacate, the landlord will pursue an eviction lawsuit against you and you may be held liable for all damages allowed by law, including attorney fees.
Sincerely,
{Your Name}
{Your Signature}
Hawaii Terminate Month-to-Month Tenancy Letter (28/45 Day Notice)
The Hawaii 28/45 Day Notice is a document used by a tenant or landlord to terminate a month-to-month rental agreement. Under the State Statute § 521-71, the landlord must give the tenant at least 45 days of notice and the tenant must observe a 28-day notice requirement.
{Date}
{Recipient’s Name}
{Property Address}
Dear {Mr./Mrs./Ms. Last Name},
In accordance with § 521-71, I {your name}, otherwise named as the {landlord/tenant} in the lease agreement dated {signature date}, elect to terminate said lease, effective {landlord must give 45 days’ notice/tenant must give 28 days’ notice}.
Upon termination, {discuss the walk-though inspection and utilities}. The deposit for the property will be mailed to {address}.
Sincerely,
{Your Name}
{Your Signature}
Hawaii 5-Day Notice to Quit (Non-Payment of Rent) – Word Template
Hawaii 5-Day Notice to Quit (Nuisance) – Word Template
Hawaii 10-Day Notice to Quit (Non-Compliance) – Word Template
Hawaii Terminate Month-to-Month Tenancy Letter (28/45 Day Notice) – Word Template
Hawaii Eviction Notice Forms are necessary to the state’s legal eviction process. For such a notice to be considered legal, it must reference the lease agreement and describe the tenant’s violation. It must also prescribe the state-required grace period for the tenant to fix the matter (for non-serious violations) or move out of the property. finally, it must be served on the tenant through the proper channels.
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