Free Hawaii State Eviction Notice Forms

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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Last Update July 18th, 2024

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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:

Reason Notice duration
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.

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Hawaii eviction notice sample

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.

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Hawaii eviction notice sample

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Preview of your Hawaii Eviction Notice

NOTICE TO TERMINATE TENANCY
_________
_________
_________
_________, Hawaii _________
TO TENANT(S), ALL OTHER RESIDENTS AND UNNAMED OCCUPANTS OF THE PREMISES LOCATED AT:
_________, _________, Hawaii _________
YOU 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.
Dated: _________

By: ______________________________
_________

_________, _________, _________ _________
_________
PROOF OF SERVICE
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:

     (   ) Regular mail

     (   ) Registered mail

     (   ) Certified mail

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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