Eviction notice rules in Hawaii
Nonpayment notice
5 business days to pay or quit (HRS 521-68).
Lease-violation notice
10-day notice to remedy or quit; the landlord must then wait an additional 20 days before filing for eviction (HRS 521-72).
Unconditional quit (no second chance)
Immediate termination allowed where the tenant causes or threatens damage to persons, or violates HRS 521-51(1)/(6) (HRS 521-52, 521-70(c), 521-72). Nuisance: 5-day notice with 24 hours to remedy (HRS 666-3).
No-cause / end-of-tenancy notice
45 days for month-to-month, no reason required (HRS 521-71(a)); 10 days for week-to-week. (Tenant's own notice: 28 days.)
How the notice must be served
Personal delivery or posting in a conspicuous place on the premises (HRS 521-68(a)). Service-method details beyond this <em>reported — confirm with a licensed attorney</em>.
Your right to fix it (cure)
Nonpayment (5 business days to pay); lease violations (10 days to remedy); nuisance (24 hours to remedy). No cure for immediate-termination grounds (threats/damage).
How days are counted
The 5-day nonpayment notice counts business days — excludes the day of service/posting and days the court is closed (weekends, holidays). Counting rules for the 10-day and 45-day notices <em>reported — confirm with a licensed attorney</em>.
After the notice expires
Landlord must file an eviction (possession) action in district court. The tenant does NOT have to leave when the notice expires — only a court order can remove the tenant. Self-help (changing locks, shutting off utilities) is illegal.
Court timeline
District court possession action; timeline <em>reported — confirm with a licensed attorney</em>.
Retaliation & defenses
Retaliatory evictions and rent increases barred (HRS 521-74; damages + attorney's fees); discrimination defenses under state and federal fair housing law.
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