Hawaii Lease Termination

A Hawaii lease termination notice is a written document used by a landlord, property manager, or tenant to formally communicate the intent to end a rental agreement. It specifies the move-out date, the type of notice, and the reason for termination, and must comply with Hawaii's notice requirements under HRS Chapter 521 to be legally valid.

Hawaii law sets different notice periods depending on the type of tenancy and which party is giving notice (HRS § 521-71):

• Less than month-to-month: Either the landlord or tenant may terminate by giving the other at least 10 days' advance notice.
• Month-to-month - Landlord: At least 45 days' written notice. When the landlord gives this 45-day notice, the tenant may move out at any time during the last 45 days but must notify the landlord of the move-out date and pay prorated rent through that date.
• Month-to-month - Tenant: At least 28 days' written notice. The tenant is responsible for rent for the full 28 days unless another tenant moves in before the 28th day.
• 120 days: Required when a landlord terminates a month-to-month tenancy due to planned demolition, condo conversion, or conversion to transient vacation rentals (HRS § 521-71(c)).
• Fixed-term lease: No termination notice is required — the lease should have a termination date stated in the contract and expires automatically on that date.
• Mutual agreement: landlord and tenant may agree in writing to a different termination date

Note: Hawaii does not have statewide rent control, but county-level ordinances may impose additional requirements. Always check local rules for the county where your property is located (Honolulu, Maui, Hawaii County, or Kauai).

In most situations, a landlord doesn't need to give a reason for ending a month-to-month tenancy (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give written notice to move, allowing 45 days as required by Hawaii law and specifying the date on which the tenancy will end. Hawaii does not currently have a statewide "just cause" eviction law equivalent to those in some other states, though anti-retaliation protections under HRS § 521-74 apply and any termination notice issued to evade the landlord's legal obligations is void under HRS § 521-71(f).

A valid Hawaii lease termination notice should include:

• Full address of the rental property
• Names of all tenants on the lease
• Type and length of notice (10-day, 28-day, 45-day, or 120-day)
• Reason for termination (if applicable)
• Effective move-out date
• Instructions for key return and property handover
• Forwarding address request (for security deposit return)
• Signature and date of the issuing party
• Proof of delivery method

Hawaii law (HRS Chapter 521) requires that termination notices be delivered in writing. Accepted methods include:

• Personal service - handing the notice directly to the tenant
• Substituted service - leaving it with a household member of suitable age who resides at the unit and mailing a copy
• Posting and mailing - affixing the notice in a conspicuous place on the premises if the tenant cannot be found after reasonable attempts, and mailing a copy

Improper delivery can invalidate the notice and require the process to restart, so carefully documenting the delivery method is essential.

Yes. Tenants may terminate a lease early under certain circumstances, including:

• Active military service: Under Hawaii's servicemember early termination statute (HRS § 521-83, enacted by Act 19 of SLH 2021) and the federal Servicemembers Civil Relief Act (SCRA), active-duty military personnel may terminate a residential lease when they receive qualifying orders. The tenant must deliver a written notice of termination along with a copy of the official military orders.
• Domestic violence: A tenant may terminate a rental agreement of a term of one year or less without penalty or fees for early termination or liability for future rent if the tenant or an immediate family member of the tenant residing at the dwelling unit has been the victim of domestic violence during the ninety days preceding the date the notice of early termination is provided to the landlord. The notice shall be given at least fourteen days prior to the early termination date specified in the notice, which shall be no more than one hundred four days from the date of the most recent act of domestic violence. Required documentation includes court orders, police reports, or documentation from a victim services organization.
• Uninhabitable conditions: If the landlord fails to maintain the unit in a habitable condition, tenants may have the right to terminate under the warranty of habitability provisions of HRS § 521-63.
• Mutual written agreement with the landlord.

Early termination without a qualifying reason may result in the tenant owing rent through the remainder of the lease term or until a replacement tenant is found.

The landlord must return the security deposit - along with written notice of any deductions, an itemized list of deductions, and copies of receipts, estimates, or invoices for each deduction — within 14 days after the rental agreement is terminated. If notice is not accomplished within 14 days, all of the security deposit shall be returned to the tenant. Deductions are limited to unpaid rent, unpaid utilities, and damage beyond normal wear and tear. Wrongful and willful retention triggers treble damages plus cost of suit under HRS § 521-44. Security deposit disputes are filed in the small claims division of the district court under HRS § 633-27, and attorneys are not permitted to represent either party in those proceedings.

Tenants who remain on the premises after the rental agreement ends, without the landlord's consent, are called holdover tenants and may be charged double rent. The landlord may bring a summary proceeding for recovery of the possession of the dwelling unit at any time during the first sixty days of holdover. If the landlord fails to commence summary possession proceedings within the first 60 days and does not enter into a new rental agreement, a month-to-month tenancy at the prior rental rate is deemed created. Self-help evictions - such as changing locks, removing belongings, or shutting off utilities - are prohibited under Hawaii law and can expose landlords to significant liability.

Not exactly. A lease termination notice formally ends the tenancy and gives the tenant time to vacate voluntarily. An eviction notice - such as a 10-day pay-or-vacate notice for nonpayment of rent - is a precursor to the formal summary possession process under HRS Chapter 666 if the tenant does not comply. A standard tenancy termination notice (10, 28, or 45 days) is used to end a periodic tenancy without a lease violation, while a 10-day notice addresses nonpayment or a specific curable violation.

You can download and use a Hawaii Lease Termination Form here:

https://www.simplifyem.com/forms/Hawaii-lease-termination