Hawaii Notice to Vacate

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Name(s) or Landlord Full Name, depending on sender]]
[[Current Address of Recipient]]
[[City]], Hawaii [[ZIP Code]]

FROM: [[Landlord or Property Manager Full Name / Tenant Full Name(s)]]
[[Sender Mailing Address]]
[[City]], Hawaii [[ZIP Code]]
Phone: [[Sender Phone]] | Email: [[Sender Email]]

RE: Notice to Vacate, [[Rental Property Address]], [[City]], Hawaii [[ZIP Code]], -

This Notice to Vacate is issued pursuant to the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521). It provides formal written notice of the intent to terminate the tenancy and requires the recipient to vacate the Premises by the date specified.

HRS § 521-71 requires that a landlord give the tenant at least forty-five (45) days written notice to terminate a month-to-month tenancy. A tenant must give the landlord at least twenty-eight (28) days written notice to terminate a month-to-month tenancy. For non-payment of rent, the notice period is governed by HRS § 521-68 (5 business days per the applicable statutory demand process).

This notice may be used by a landlord to terminate a month-to-month tenancy or to demand possession at the end of a fixed term (or after proper termination). It may also be used by a tenant to provide notice of intent to vacate.

Self-help eviction or lockout by a landlord is prohibited. Only a court-ordered writ of possession executed by authorized law enforcement may remove a tenant who does not vacate after proper notice and judgment., -

1. Type of Tenancy and Notice

Current Tenancy Type: [[Month-to-month / Fixed-term lease ending [[Lease End Date]] / Other]]

Party Giving Notice: [[Landlord / Tenant]]

Grounds / Reason for Termination (if required or stated):

[[e.g. "End of tenancy, no cause for month-to-month" OR "Non-payment of rent" OR "Material breach of lease: [[describe]]" OR "Tenant election to terminate"]]

Applicable Notice Period:

• Landlord to tenant (month-to-month termination): 45 days (HRS § 521-71)

• Tenant to landlord (month-to-month termination): 28 days (HRS § 521-71)

• Non-payment of rent (demand): 5 business days (HRS § 521-68)

• Fixed-term expiration: Per lease terms; best practice aligns with 45-day period, -

2. Premises and Parties

Premises:
[[Street Address, Unit/Apt Number]]
[[City]], Hawaii [[ZIP Code]]

Landlord: [[Landlord or Property Manager Full Name]]

Tenant(s): [[Tenant Full Name(s)]]

All Occupants: This notice applies to the named tenant(s) and all other persons occupying the Premises., -

3. Termination / Vacate Date

You are required to vacate the Premises and surrender possession on or before:

Vacate Date: [[Month DD, YYYY, calculated using the correct statutory or lease period]]

On the Vacate Date, the tenant must:

1. Remove all personal belongings and property.

2. Return all keys, garage openers, access cards, and other devices to the landlord or designated agent.

3. Leave the Premises in a clean and sanitary condition, reasonable wear and tear excepted.

4. Provide a written forwarding address for any security deposit accounting or final correspondence., -

4. For Notices Involving Non-Payment of Rent

Amount of Rent Demanded: $[[Total Rent Owed for Period(s)]]

Period Covered: [[Month(s) and Year(s)]]

Payment of the full amount demanded within the applicable 5-business-day period will cure the non-payment default for purposes of this notice. Payment instructions: [[Provide exact payment method and address or account]].

If full payment is not received by the deadline, the landlord reserves the right to proceed with summary possession proceedings., -

5. For Other Breaches (Cure or Vacate)

If this notice is based on a curable breach of the lease other than non-payment:

Description of Breach: [[Specific description of violation, e.g. "Repeated disturbances to neighbors after warnings dated [[dates]]", "Unauthorized occupants or pets", "Damage to Premises"]]

Cure Deadline: [[Date by which breach must be cured]]

If the breach is cured to the landlord's reasonable satisfaction by the deadline, this notice may be withdrawn in writing. If not cured, the tenancy will terminate on the Vacate Date stated above., -

6. Method of Delivery and Proof of Service

This notice is being delivered by the following method (check one and complete):

• [ ] Personal delivery to tenant on [[Date/Time]]

• [ ] Posting in a conspicuous place on the Premises and mailing first-class to tenant's address on [[Date]]

• [ ] Certified mail, return receipt requested, mailed on [[Date]]

• [ ] Other method authorized by lease or law: [[Describe]]

Server Information:

Name: [[Name of server or process server]]

Signature: ________________________________

Date/Time of Service: [[Date and Time]]

Landlord or sender will retain proof of service for any necessary court filing., -

7. Consequences of Failure to Vacate

If the recipient fails to vacate by the Vacate Date:

• The sender (landlord) may file for summary possession in the appropriate District Court of Hawaii.

• The court may award possession, unpaid rent, damages, court costs, and attorney fees where permitted by law and the lease.

• The tenant may be held liable for additional rent, holdover damages, and costs of re-renting.

• Only after obtaining a judgment and writ of possession may the landlord request the sheriff to remove the tenant and property., -

8. Tenant Rights and Protections

Tenants receiving this notice have the right to:

1. Contest the notice in court.

2. Request a hearing and present evidence.

3. Seek legal advice from Legal Aid Society of Hawaii or private counsel.

4. Assert any applicable defenses or counterclaims (e.g., retaliation, habitability issues, improper notice).

5. In limited circumstances, qualify for relocation assistance or other protections under local law or lease., -

9. Step-by-Step Guide to Using This Notice

1. Determine the correct notice period based on who is giving notice, the tenancy type, and the grounds (use the table in Part 11).

2. Fill in all [[Token]] fields accurately, including the calculated Vacate Date.

3. Attach any supporting documentation (rent ledger for non-payment, photos or prior notices for breach, copy of lease if helpful).

4. Serve the notice using a documented method.

5. Keep the original signed notice, proof of service, and all attachments.

6. If the tenant vacates on time, conduct move-out inspection and complete security deposit accounting within the time required by Hawaii law.

7. If the tenant does not vacate, prepare and file the summary possession action promptly.

8. Document all communications after service of this notice., -

10. Special Situations

Fixed-Term Lease Ending: This notice may serve as confirmation of non-renewal. The lease expires on its own terms; tenant must vacate unless a written extension or renewal is executed.

Military / SCRA: If a tenant is covered by the Servicemembers Civil Relief Act, additional protections may apply. Contact legal counsel.

Domestic Violence / Protected Status: Hawaii law provides certain protections and early termination rights in cases of domestic violence. Tenants should provide appropriate documentation if claiming such rights.

Local Ordinances: Some counties or municipalities may have additional just-cause or notice requirements. Verify applicability for the Premises location., -

11. Hawaii Notice to Vacate Statutory Reference Table

12. Signature Block

SENDER (LANDLORD OR TENANT)

___________________________________
Signature

Printed Name: [[Sender Full Legal Name]]

Date: [[Date Signed]]

Phone: [[Sender Phone]]
Email: [[Sender Email]], -

CERTIFICATE OF SERVICE

I certify under penalty of perjury that a true copy of this Hawaii Notice to Vacate was served on the recipient named above on the date and by the method described in Part 6.

___________________________________
Server Name and Signature

Date: [[Service Date]], -

13. Exhibits (Attach as Applicable)

• Exhibit A: Copy of lease or relevant provisions

• Exhibit B: Rent ledger / payment history (non-payment cases)

• Exhibit C: Prior written warnings or notices

• Exhibit D: Photographs documenting condition or breach

• Exhibit E: Any other supporting documentation, -

This document is a template example and not professional legal advice. All notice periods, service requirements, and procedures must be verified against current Hawaii Revised Statutes (HRS Chapter 521), the lease agreement, and any applicable local rules or court practices. Laws and interpretations can change. Consult an attorney or appropriate Hawaii resources (including the District Court self-help center) before serving or relying on this notice., -

(End of Hawaii Notice to Vacate)