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.
5-Day Notice to Quit (Non-Payment)
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.
5-Day Notice to Quit (Nuisance)
When a tenant has created a nuisance in or around the property, the landlord may use this form to evict the tenant.
10-Day Notice to Quit (Non-Compliance)
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.
45-Day Notice to Quit (Month-to-Month)
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.