Hawaii Eviction Notice (Notice to Quit / Demand for Possession)

Date of Notice: [[Date of Notice]]

TO (TENANT AND ALL OCCUPANTS):
[[Tenant 1 Full Legal Name]]
[[Tenant 2 Full Legal Name (if applicable)]]
And all other occupants

PREMISES:
[[Street Address, Unit Number]]
[[City]], Hawaii [[ZIP Code]]
(the "Premises")

FROM (LANDLORD / AUTHORIZED AGENT):
Name: [[Landlord or Property Manager Full Legal Name]]
Address for notices: [[Landlord Notice Address]]
Phone: [[Landlord Phone]] | Email: [[Landlord Email]], -

IMPORTANT LEGAL NOTICE

This is a formal eviction notice (also called a Notice to Quit or Demand for Possession). It is the first required step before a landlord may file for summary possession in court.

Self-help evictions are strictly prohibited in Hawaii. Landlords may not change locks, shut off utilities, remove doors or windows, remove tenant property, or use threats or force to remove a tenant. Doing so may result in significant liability, damages, penalties, and possible criminal charges.

If the tenant does not comply with this notice within the time allowed, the landlord must file a complaint for summary possession in the District Court of the judicial district where the Premises is located to obtain a court order for possession. Only a sheriff or authorized officer may physically remove a tenant after a court judgment and writ., -

1. Notice Type and Applicable Hawaii Law

Hawaii residential landlord-tenant relations are governed by the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521).

Under HRS § 521-68, a landlord must give written notice for non-payment of rent before filing for summary possession.

Under HRS § 521-71, termination of a month-to-month tenancy requires 45 days' written notice from the landlord.

The appropriate notice type depends on the grounds:

1. Non-payment of rent: 5-business-day written notice (HRS § 521-68).

2. Other curable breach of lease: Notice to cure or vacate with reasonable time as stated.

3. Uncurable breach (e.g., illegal activity, nuisance, damage): Unconditional notice to vacate with time stated in notice or lease.

4. End of fixed term or month-to-month termination (no cause): 45-day written notice under HRS § 521-71.

5. Holdover after proper termination: Notice may be given as unconditional quit., -

2. Specific Notice Being Served

Notice Type: [[Pay-or-Quit for Non-Payment / Cure-or-Quit for Breach / Unconditional Notice to Vacate / 45-Day Termination Notice for Month-to-Month]]

Grounds for This Notice:

[[Describe the specific grounds, e.g.: "Failure to pay rent in the amount of $[[Amount]] due for the period [[Month(s)]]" OR "Material breach of lease by [[describe violation, e.g. unauthorized pet / repeated noise complaints / damage to property]]"]]

Amount Owed (if applicable for non-payment):

Rent only: $[[Amount of Rent Owed, late fees and other charges may be listed separately if permitted]]

Total demand: $[[Total Amount Demanded]], -

3. Deadline and Cure Period

You must:

For non-payment of rent (HRS § 521-68): Pay the full amount of rent demanded or vacate the Premises within five (5) business days after service of this notice (excluding Saturdays, Sundays, and legal holidays).

For other breaches: Cure the breach described above or vacate the Premises within [[Cure Period, e.g. ten (10) days or as stated]] after service of this notice.

For termination of month-to-month tenancy (HRS § 521-71): Vacate the Premises on or before the date that is forty-five (45) days after service of this notice.

Exact Deadline Date: [[Calculated Deadline Date, e.g., [[Month Day, Year]]]]

If you fail to pay (where applicable) or vacate by the deadline, the landlord will file for summary possession in District Court., -

4. Payment Instructions (for Non-Payment Notices)

Payment must be made in the form and to the location required by your rental agreement. Acceptable methods: [[cash / check / money order / electronic funds to [[payment instructions]] ]].

Payment Address / Account:

[[Full payment instructions including name, address, or electronic details]]

Partial payment will not stop the eviction process unless Landlord agrees in writing to accept it as full cure., -

5. Demand to Vacate or Comply

You are hereby demanded to:

1. Pay all rent demanded (if this is a non-payment notice) in full by the deadline, OR

2. Fully cure the lease violation described above by the deadline, OR

3. Vacate the Premises and surrender possession, returning all keys and access devices, by the deadline.

Failure to do so will result in the landlord initiating court proceedings for summary possession, judgment for possession, unpaid rent, damages, court costs, and attorney fees where permitted., -

6. Additional Occupants and Scope

This notice applies to all named tenants and all other occupants of the Premises. Any person remaining after the deadline may be named in the summary possession action., -

7. Prohibited Self-Help and Tenant Protections

Landlord shall not at any time:

1. Change the locks or otherwise lock the tenant out of the Premises.

2. Shut off or interfere with utilities, water, electricity, gas, or other essential services.

3. Remove, seize, or interfere with the tenant's personal property.

4. Use force, threats, harassment, or intimidation to cause the tenant to vacate.

Such actions are illegal under Hawaii law. Tenants subjected to self-help eviction may recover damages, penalties, and attorney fees., -

8. Court Filing Information

If you do not comply, Landlord intends to file a complaint for summary possession in the District Court of the [[First / Second / Third / Fifth]] Circuit, [[Division or District]], State of Hawaii.

A hearing will be scheduled. Both parties will have the opportunity to present evidence. If Landlord prevails, the court may issue a judgment for possession and a writ authorizing the sheriff to remove the tenant and belongings., -

9. Exhibits and Attachments

• Exhibit A: Copy of relevant lease or rental agreement pages

• Exhibit B: Rent ledger or accounting of amounts owed (for non-payment)

• Exhibit C: Photographs or documentation of breach (if applicable)

• Exhibit D: Prior written notices or communications (if any)

• Exhibit E: Proof of service of this notice (to be completed upon service), -

10. Method of Service and Proof

This notice is being served by: [[personal delivery / posting in a conspicuous place and mailing / certified mail / other method permitted by HRS or lease]]

Server / Process Server Details:

[[Name of person serving]]
[[Date and Time of Service]]
[[Method details]]

Landlord will retain proof of service for court filing., -

11. Important Warnings to Tenant

• This notice does not mean you are immediately evicted. Only a court order after a hearing can authorize removal.

• You have the right to contest the notice in court.

• You may have rights to mediation or other protections under Hawaii law.

• Consult an attorney, Legal Aid Society of Hawaii, or the Hawaii District Court self-help resources promptly.

• Moving out by the deadline may limit additional liability for rent and damages., -

12. Completing and Using This Notice, Step-by-Step

1. Confirm the exact grounds and calculate the correct deadline using the statutory periods above.

2. Fill in all [[bracketed fields]] with accurate information.

3. Attach required exhibits (rent ledger, photos, lease excerpts).

4. Serve the notice properly and document the method, date, time, and person serving.

5. Keep copies of the notice, exhibits, and proof of service.

6. If tenant pays in full within the period for non-payment, document the payment and do not file.

7. If tenant does not comply, prepare and file the summary possession complaint in the proper District Court promptly.

8. Appear at the hearing with all evidence and witnesses., -

13. Hawaii Eviction Statutory Reference Table

14. Signature Block

LANDLORD / AUTHORIZED AGENT

___________________________________
Signature

[[Landlord or Property Manager Full Legal Name]]

Title: [[Landlord / Property Manager / Authorized Agent]]

Date: [[Date Signed]]

Phone: [[Landlord Phone]]
Email: [[Landlord Email]], -

CERTIFICATE OF SERVICE

I certify that I served a true copy of this Hawaii Eviction Notice on the above-named tenant(s) and occupants on the date and by the method indicated above.

___________________________________
Server Signature / Name

Date: [[Service Date]], -

This document is a template example and not professional legal advice. All deadlines, notice requirements, and procedures must be verified against current Hawaii Revised Statutes (particularly HRS Chapter 521) and local court rules. Requirements may be affected by specific lease terms, local ordinances, or changes in law. Consult qualified legal counsel or Hawaii court resources before using or acting upon this notice., -

(End of Hawaii Eviction Notice)