The Hawaii eviction notice forms are for use by a landlord when the landlord seeks to have the tenant vacate the rented property due to failure to pay rent, failure to abide by the terms of the lease or because the term of the tenancy is coming to an end. If the tenant fails to respond to these notices, the landlord may file a complaint and summons in the Local District Court. Each county provides its own forms.
Notices By Type
5-Day Notice to Quit (Non-Payment of Rent) – The landlord may use this notice at any time after the rental payment due date. The tenant has five days to pay the rent before landlord may begin eviction proceedings.
10-Day Notice to Quit (Non-Compliance) – The landlord may use this form if tenant is in breach of a provision of the lease (other than non-payment of rent). The tenant has ten days to rectify the problem before landlord may begin eviction proceedings.
Terminate Month to Month Tenancy Letter (28/45 Day Notice) – The landlord or tenant may use to terminate their tenancy at will. Landlords are required to give at least forty-five (45) days’ notice while tenants only have to give twenty-eight (28) days.
When is Rent Late?
Rent is late when tenant fails to pay by the due date set forth in the lease. A landlord may provide a notice to the tenant that the rent is late and if the rent is not paid within 5 days of that notice, landlord may begin eviction proceedings.
How to Evict (Process)
Step 1 – The landlord must provide notice in writing to the tenant before the eviction process can begin. Depending on the reason for the notice, the landlord may use one of these forms:
- 5-Day Notice to Quit (Non-Payment of Rent)
- 5-Day Notice to Quit (Nuisance)
- 10-Day Notice to Quit (Non-Compliance)
- Terminate Month to Month Tenancy Letter
Step 2 – If the tenant fails to respond to the notice provided by the landlord, landlord may begin evictions proceedings (called summary process) by filing a complaint and summons with the district court in the county in which the property is located. The fee for filing is $155.00 and you must attach a copy of the lease and notice that was sent to the tenant. Each court has its own form of complaint and summons which you may access by going to This Site.
Step 3 – The Summons and Complaint must be served on tenant by a process server licensed in the State of Hawaii. Tenant will have a certain amount of time to respond – either five days after receipt or by a date specified by the court.
Step 4 – If the tenant does not respond, the court will issue a Writ of Possession and the landlord may obtain the services of a sheriff to have the tenant and the tenant’s possessions removed.