Hawaii Statewide Rule
Hawaii Eviction Notice Requirements
Key Facts
- Nonpayment notice
- Not less than 5 business days to pay (HRS § 521-68)
- Curable breach notice
- Not less than 10 days to cure (HRS § 521-72)
- No-cure breaches
- Damage to a person or § 521-51(1)/(6) violations
- Court required
- Eviction via summary possession; no self-help lockouts
Summary
Hawaii requires written notice before eviction. For nonpayment of rent, HRS § 521-68 requires a written demand giving the tenant not less than five business days to pay before the rental agreement may be terminated. For other tenant breaches, HRS § 521-72 generally requires at least ten days to cure before termination.
(a) A landlord or the landlord's agent, any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than ten calendar days after receipt thereof, the rental agreement will be terminated. Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of the posting.
Full Breakdown
Under HRS § 521-68, after rent is due the landlord may notify the tenant in writing that 'unless payment is made within a time mentioned in the notice, not less than five business days after receipt thereof, the rental agreement will be terminated.' If the tenant stays in default, the landlord may bring summary possession. For non-rent breaches, HRS § 521-72 requires written notice warning that if the violation continues or recurs 'after (a date not less than ten days after this notice), the landlord may terminate the rental agreement.' No cure period applies where the breach threatens damage to a person or violates HRS § 521-51(1) or (6). Only a court may order eviction; self-help lockouts are barred.
Violations & Penalties
No specific penalty for serving notice, but eviction requires a court summary-possession judgment. A landlord who uses self-help (lockout, utility shutoff) instead of the § 521-68/§ 521-72 process faces tenant remedies under HRS § 521-63 and § 521-74.5.
Frequently Asked Questions
How many days does a Hawaii tenant have to pay before eviction for nonpayment?
How much notice is required to evict for a lease violation other than rent?
Sources
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