MAKE YOUR FREE Hawaii Eviction Notice
![Hawaii Eviction Notice document preview](https://www.rocketlawyer.com/binaries/content/gallery/responsive/thumbnails/us/drafts/sample-eviction-notice-hi-template.png)
What is a Hawaii Eviction Notice or Notice to Quit?
When to use a Hawaii Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated the lease or rental agreement.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Hawaii Eviction Notice
The terms in your document will update based on the information you provide
NOTICE TO PAY RENT OR QUIT
, Hawaii
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Hawaii
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS A FIVE (5) DAY LEGAL NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH HAWAII REVISED STATUTE § 521-68.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF HAWAII INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
By:______________________________
, , |
Hawaii Eviction Notice FAQs
-
Can I evict my tenant for past-due rent in Hawaii?
In general, yes. You can draft a Hawaii Eviction Notice (more specifically known as a Notice to Quit) to begin the process. However, as a result of COVID-19, there are a few special protections in place for tenants who are unable to pay rent. Although the federal ban on eviction has been blocked by the Supreme Court, the state and municipal governments in Hawaii have the authority to create and enforce their own standards for evictions. Keep up with the ask a lawyer for further input.
-
Do property owners have to make an Eviction Notice in Hawaii?
If you plan to file an eviction lawsuit in Hawaii, you should always serve a Notice of Eviction. Some of the circumstances in which you might need one include:
- The tenant is routinely late to pay rent or payments have fallen behind schedule
- The tenant is using their unit for an illegally zoned business
- The tenant has a pet and the lease contains a no-animals policy
- The tenant gets a subletter against the rental terms
- The tenant has caused unreasonable damage
- The tenant disturbs their neighbors
Outside of these examples, a tenant generally may be evicted by their landlord for other reasons that are not related to a fault of their own, such as when the landlord wishes to move in. Keep in mind that the list above is not totally exhaustive and that the acceptable reasons for evicting a tenant can change. If you've got any particular concerns or questions related to Hawaii eviction laws, you can ask an attorney.
-
How should a Hawaii Notice to Vacate be organized?
You can tap or click on "Make document" to take a closer look at our Hawaii Eviction Notice sample and see what information you'll need to personalize your eviction letter. Generally speaking, the basic details needed for making a Notice to Vacate for Hawaii are:
- The address and description of your property
- The full legal name of each inhabitant
- How long the notice period will last
- For what period(s) of time the rent has been unpaid (if applicable)
- What lease clauses have been violated
In the event that the tenant is not at fault for the eviction, you may want to add more details. With the Rocket Lawyer document tool, you have the power to implement additional custom alterations, if necessary. It will be critical to verify that any policies and terms that you mention are actually present in your rental agreement.
-
How will Hawaii eviction laws affect me as a rental property owner?
The law can change over time and the eviction process and restrictions can be rather complicated, especially for a first-timer. In certain instances, there may be different requirements depending on the reason for evicting the tenant and how long they have lived in the unit. With that in mind, it is recommended that every property owner speak with an eviction lawyer when planning to serve a Notice of Eviction on any tenant in Hawaii.
-
Can I get a Hawaii Eviction Notice template online?
Luckily, you won't have to reinvent the wheel when producing your document. With the document tools on Rocket Lawyer, anyone can make a free Hawaii Eviction Notice with ease. Your notice is built step by step so you can be sure that it contains the proper details that you'll need. This route, in many cases, would end up being much less time-consuming than hiring a conventional law firm.
-
What might it typically cost to get a lawyer's help with evicting a tenant in Hawaii?
If you want to understand what the full cost of an eviction would be, you'll need to consider the fees associated with filing court documents, legal fees, the value of unrecovered funds, storage and/or cleaning fees, and ultimately the time and money spent looking for a new tenant. Luckily, you do not have to pay hundreds of dollars in legal fees to have your Notice of Eviction made. Unlike other eviction template providers that you might encounter, Rocket Lawyer provides Premium membership holders up to a 40% discount when hiring a lawyer, so an attorney from our Rocket Lawyer attorney network can assess the situation and take action if you do proceed with an eviction lawsuit.
-
How long does it take to go through the Hawaii eviction process?
The length of the eviction process for Hawaii tenants is determined in part by the notice period required, in addition to the volume of proceedings occurring concurrently. Below, you will find a generalized overview of Hawaii notice periods:
- Past-due rent: 5-day notice
- Violation of lease agreement: 10-day notice
- No direct fault: 45-day notice
When your notice period is over, an eviction can still take between 1 and 4 months. Please note that with certain kinds of housing, including where the rent is subsidized, the mandatory notice period is often even longer.
-
Should I hire a lawyer if I am evicting someone in Hawaii?
While it is feasible to prepare a Notice of Eviction by yourself, the majority of landlords who go to court will have a lawyer to represent them. It may vary depending on whom you ask, but sometimes an attorney will not even agree to review your document if they did not draft it. An easier approach might be through attorney services at Rocket Lawyer. By signing up for a Premium membership, you can ask for advice from an attorney with experience in real estate matters or get answers to additional legal questions related to your HI Eviction Notice. We're always here to support you.
-
Would I have to take additional actions after drafting a Notice of Eviction/Notice to Quit in Hawaii?
When you've completed a Hawaii Eviction Notice with Rocket Lawyer, you can see it anytime. You should feel free to interact with the document by editing it, saving it as a Word or PDF document, making a copy of it, or printing it. You will need to sign and date the notice before it is served on the tenant(s). You have several options for serving a notice:
- Send the notice through certified mail
- Use a professional process server
- Deliver the notice by hand
Please remember that "self-help" evictions are not legal in Hawaii. Property owners must not throw out personal property, turn off utilities and services, change locks, or in any way threaten tenants to force them out. Acting lawfully leading up to and throughout the eviction proceedings is critical to removing tenants successfully with an official judgment from the court.