Giving notice is the first step in the eviction process. The notice required in Hawaii for lease violations other than non-payment of rent is a 10 Day Notice to Cure or Vacate. Note that this is only to be used for situations in which the tenant has violated a covenant in the lease. If the tenant is behind on rent, you’ll need to use the 5 Day Notice to Pay Rent.
Who: Serve this notice to any tenant who has violated the terms or covenants in the lease. This does not include nonpayment of rent (which would require you to serve them with a 5 Day Notice to Pay Rent). Infractions can include a very wide range of things, but those terms must be spelled out in the original lease agreement the tenant signed on move-in.
What: This notice is required in Hawaii for lease violations other than nonpayment of rent. A few examples might include the following:
Possession of illegal substances
People living in the property who are not listed on the lease agreement
Unauthorized modifications to the property
Damage to the property
Having pets (when not permissible)
When completing the form, make sure to include the following information:
- The tenant’s name
- The address of the property
- The type of violation in question
- The date of notice
- The date beyond which continuation or repetition of the infraction will result in the initiation of the eviction process.
When: If the tenant has not remedied the situation, file this notice 10 business days before filing the court paperwork required for an eviction. Note that the 10-day period does not include weekends or legal holidays. If you choose to mail the notice, add another 3 business days to account for the time required for the Post Office to deliver the notice to the tenant.
You should also note that this type of notice should be used in situations where you don’t necessarily want to start the eviction process, but give warning for the tenant to “cure” the situation (cease and desist from violating the lease).
How to Serve: You can serve the 10 Day Notice to Cure in a number of ways, including the following:
- Certified Mail – (Recommended) Make sure you request a receipt
- Regular Mail – Not recommended, but usable
- Hand Delivered – Given to the tenant or another adult at the property
- Leaving a Copy at the Premises
- Posted Copy at the Premises – Make sure you post it somewhere very visible