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.
Last Update January 26th, 2023
- Eviction Notice Types
- Hawaii Eviction Laws
- Hawaii Eviction Process
- Eviction Notice Sample
- FAQs About Idaho Eviction Notices
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Eviction Notice Types
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.
Hawaii Eviction Laws
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:
|Nonpayment of rent||5 days' notice|
|Nuisance||15 days' notice|
|Lease termination||45 days' notice|
|Lease violations||10 days' notice|
Hawaii Eviction Process
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:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice, the landlord can file a complaint with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Possession with the court clerk.
Step 5: When the Writ of Possession has been processed, the landlord may file the document with the county sheriff.
Eviction Notice Sample
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.
FAQs About Idaho Eviction Notices
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.
How to Evict a Tenant in Hawaii with No Lease?
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.
How Many Days Notice Does a Landlord Need to Give in Hawaii?
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 Does It Cost to Evict Someone?
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.