Hawaii Notice to Quit

Hawaii Notice to Quit - Why it is important?

You can use the notice to quit form to end your Hawaii Residential Lease if the tenant has failed to pay rent. The Hawaii Notice to Quit Form should not be confused with the "Writ of Possession" (read more about Hawaii eviction notice) which is issued by the courts. The Notice to Quit Form is the beginning of the eviction process, and it communicates the intention to initiate eviction proceedings if a tenant does not comply with an order and remains on the premises beyond the specified date. If the tenant does not comply with the notice (for example they must pay rent or quit the lease and vacate the premises), you may be forced to take legal action to have the tenant removed from the property. If the notice has been ignored by the tenant and the move out date in the notice has passed, you have grounds to bring forth a lawsuit for “unlawful detainer”, in which case the tenant has the option to fight the eviction in court.

Hawaii Notice to Quit is important in following cases:

• Serving a Notice to Quit is one of the first steps Hawaii property management companies can take to regain possession of rental property from the tenant.
• Hawaii Notice to Quit notifies tenants they have violated the terms of the lease agreement and must vacate the premises within a certain period of time if they cannot comply with the remedy order.

Hawaii Notice to Quit – When should it be used??

Before the eviction process, when a landlord or property manager in Hawaii wants a tenant to either comply with a lease obligation or vacate the rental property, they must serve a Hawaii Notice to Quit. This notice informs the tenant of the violation and provides a legally required period to cure the issue or vacate the premises, depending on the reason for termination.

• First Step in Eviction: A Notice to Quit is the initial and legally required step for Hawaii property managers to regain possession of a rental property from a tenant.
• Violation Notification: It notifies tenants that they have violated the lease or rental agreement and must either correct the violation within the allowed timeframe or vacate the property.
• Legal Requirement: Hawaii law requires a Notice to Quit before a landlord can file an eviction (summary possession) action in court. Eviction cannot proceed without proper notice.
• Common Reasons: The notice is typically issued for nonpayment of rent, property damage, illegal subletting, or other lease violations.
• Notice Periods: A 5-day notice is required for nonpayment of rent, and a 10-day notice is required for other lease violations.
• Tenant’s Right to Cure:  In many cases, including nonpayment of rent and curable lease violations, Hawaii tenants have the right to remedy the issue within the notice period to avoid eviction.

Property managers can use property management software to track each individual Hawaii rental lease and make sure their tenants are paying the correct amount of rent and on time.

Hawaii Notice to Quit – What should be included?

The Hawaii Notice to Quit Form must contain the reason for serving the Notice to Quit and the amount of time the tenant has. The problem must be clearly stated on the notice, so the tenant has reasonable awareness and can either correct the issue, or vacate the rental property. Here are some of the basic details that should be included if the rental property is in Hawaii:

Name of Tenant and Other Persons who need to comply with the order or vacate the property:

1. Address of the Rental Property: Full legal address, including unit number if applicable.
2. Name of Tenant and Other Persons: Full legal names of all tenants and other individuals required to vacate.
3. Date of the Notice: The date when the Notice to Quit is issued.
4. Landlord or Property Manager's Name: The full name or legal business name of the landlord or entity issuing the notice.
5. Notice Period: Clearly specify the notice duration (e.g., 5 days for nonpayment, 10 days for other violations).
6. Move-Out Date (Vacate Date): The exact date by which the tenant must vacate the property.
7. Reason for Lease Termination: Clearly state the reason (e.g., nonpayment, lease violation).
8. Signature of Party Giving Notice: The signature of the landlord or tenant, depending on who is initiating the notice.
9. Legal Disclaimer: A statement confirming compliance with Hawaii Civil Code and specifying that the notice may not be valid outside Hawaii.

Hawaii Notice to Quit – What should I do with it?

The Notice to Quit Form must be “served” to the tenant by either Personal Service or Mail Service. In some states you can leave it at the rental property right on the front door, but in most cases it is better for you to have an independent party take two copies of the Hawaii Notice to Quit to the rental property, give one to the tenant in person, and get their signature on second copy so that you can retain for your records. If you are mailing the Notice to Quit, you should send the Hawaii Notice to Quit Form using First Class Certified Mail and retain the receipt.

Hawaii Notice to Quit – What else should I know?

There are generally three types of Hawaii Notice to Quit Forms. The Hawaii Notice to Quit for Nonpayment of Rent can be used when rent is not paid, and the tenant may be given a short period to either pay up or move out. The Hawaii Notice to Quit Form for Termination of Tenancy is similar to the Hawaii Notice to Vacate Form and can be used to inform the tenant to leave after the lease is up (common with month to month leases in Hawaii), or if there is no lease and you just want the tenant to leave. It is different from the Hawaii Lease Termination Form, which terminates the Hawaii Lease Agreement when there are other breaches in contract. The Hawaii Notice to Quit Form for Health Hazard and Physical Injury should be used if the tenant creates a health hazard or physical injury to the property which is serious or continuing. These forms must be detailed and specific, because an inaccurate or incomplete statement of the problems could cause a later eviction complaint to be dismissed.

After receiving the Notice to Quit, the amount of time a tenant has until they have to comply or vacate the property will vary by state, so you should be sure to check with the laws in Hawaii. In some states, tenants are given a 30 Day Notice to Quit, while in other states, a 3 Day Notice to Quit is acceptable.

Key Terms & Provisions

A Hawaii Notice to Quit is a legal document used by either a landlord or a tenant to formally notify the other party that they intend to end the Rental Agreement. It must comply with Hawaii Civil Code and be delivered in a legally acceptable way:

• Date of Notice – The specific calendar date when the notice is issued.
• Names of All Parties Involved – Full legal names of the tenant(s) and landlord/property manager.
• Rental Property Address – Full legal address and unit description.
• Notice Period: Clearly state the notice length 
• Move-Out Date
• Reason for Termination
• Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
• Legal Disclaimer: A statement acknowledging that the form complies with Hawaii Civil Code and may not be valid outside Hawaii.

Why Hawaii Landlords & Property Managers Choose SimplifyEm Notice to Quit Template?

We understand the importance of handling lease terminations legally and efficiently in Hawaii. That’s why our Hawaii Notice to Quit Template is designed to simplify the process and minimize legal risk. Here’s why property managers and landlords trust SimplifyEm’s template:

• Legally Compliant – Our Notice to Quit form is up-to-date with Hawaii Civil Code and local laws, ensuring your notices are valid and enforceable.
• Flexible Notice Periods – Whether dealing with nonpayment, lease violations, or other causes, our form accommodates the required notice periods (e.g., 5 days for nonpayment, 7 days for lease violations, depending on the specific situation).
• Simple & User-Friendly – Designed for ease of use, our template allows landlords to quickly fill in essential details and issue notices accurately.
• Helps Prevent Disputes – Clear language and proper documentation reduce the risk of misunderstandings or legal challenges during move-out.
• Trusted by Thousands – SimplifyEm is a top-rated provider of property management tools, trusted by property owners nationwide.

Why choose us