Hawaii Statewide Rule
Hawaii Lease Termination Notice Requirements
Key Facts
- Landlord notice (month-to-month)
- At least 45 days, written (HRS § 521-71(a))
- Tenant notice (month-to-month)
- At least 28 days, written (HRS § 521-71(b))
- Demolition/conversion
- At least 120 days' landlord notice (HRS § 521-71(c))
- Form
- Written notice required for either party
Summary
For a month-to-month tenancy, HRS § 521-71 requires the landlord to give at least 45 days' written notice to terminate and the tenant to give at least 28 days' written notice. Where termination is for demolition or conversion, the landlord must give at least 120 days' notice.
§521-71 Termination of tenancy; landlord's remedies for holdover tenants. (a) When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation.
Full Breakdown
HRS § 521-71 sets asymmetric notice for month-to-month tenancies. Subsection (a): 'the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination.' Subsection (b): 'the tenant may terminate the rental agreement by notifying the landlord, in writing, at least twenty-eight days in advance of the anticipated termination.' Subsection (c) extends the landlord's notice for major repurposing: for demolition, condominium conversion, or conversion to transient (vacation) rental, 'the landlord shall provide notice to the tenant at least one hundred twenty days in advance.' Termination notice is distinct from eviction for cause, which follows the shorter cure timelines in HRS §§ 521-68 and 521-72.
Violations & Penalties
No specific statutory penalty. A termination notice that gives less than the required 45 days (landlord) or 28 days (tenant) is ineffective; the tenancy continues until proper notice has run.
Frequently Asked Questions
How much notice must a Hawaii landlord give to end a month-to-month tenancy?
How much notice must a Hawaii tenant give to move out month-to-month?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.