Hawaii 5 Day Notice to Pay Rent

Hawaii 5 Day Notice to Pay Rent

Giving notice is the first step in the eviction process. The notice required in Hawaii for nonpayment is a 5 Day Notice. Note that this is only for instances where the tenant is behind on the rent.

Who: Give this to the tenant who falls behind in rent beyond any grace period if applicable. If the tenant is not home, the notice can be left with another adult living at the property (who understands the importance of the notice), or it can be posted somewhere visible, like the front door.

What: This is the required 5 Day Notice used before a landlord may initiate court proceedings. Note that you CANNOT begin the eviction process before delivering this notice to your tenant and then waiting the appropriate amount of time (5 days if hand delivered, 8 days if mailed).

Make sure that you completely fill out the notice, including:

• The tenant’s name and the address of the property
• The date the notice was served to the tenant
• The amount of rent owed plus any arrears if applicable
• The date the amount is due (after which eviction proceedings will commence)
• Your signature

When: Give this to the tenant 5 days before initiative court proceedings. The 5 days specified in the notice do not count weekends or legal holidays. After the 5 days is up, and if the tenant has not paid the rent, you can proceed with the eviction by filing a formal complaint in county court. After filing, the tenant will have to appear before the judge. The judge will then decide and if the decision is in your favor (the landlord), the sheriff will serve the tenant with a notice to vacate the premises.

How to Serve: You can serve this notice on your tenant in one of several different ways, including the following:

• Certified Mail – (Recommended) Make sure to request a return receipt. Note that mailing the notice generally adds another 3 days to give time for the notice to be sent by mail.
• Regular Mail (Remember that mailing the notice adds another 3 days to the process).
• Hand Delivered – You give the notice to the tenant in person. Make sure to have the tenant sign on the signature line.
• Leaving a Copy at the Premises.
• Posted Copy at the Premises – Make sure to post it in a very visible location, such as the front door.

Resources:

• Sample Hawaii Lease Agreement
• Hawaii’s Law Summary
• Further Reading: Move Out and Eviction Articles

Tips and Tricks for Landlords: Once you serve the 5 Day Notice to Pay Rent, the tenant has 5 business days to pay before you can take action. Any weekends or legal holidays don’t count in those 5 days. If you mail the notice, add another 3 days to the duration.

Other Popular Forms

The Lease Agreement is only one of the forms that Hawaii Landlords need. That’s why we have documents for the entire Landlord Lifecycle.

• Rental Application: Our Free Rental Application makes it EZ for Landlords to gather important information about Applicants. It also can be used to initiate complete Tenant Screening, which includes a credit report, criminal history background report, ResidentScore, and eviction history report. Start your screening or view sample reports here.
• Tenant Welcome Letter: Customize this letter to provide renters with important information about their new home and to welcome them to your rental unit.
• Rent Ledger: Use the rent ledger to record payments and to properly document any missed payments.

Hawaii State Specific Documents

• Hawaii 5 Day Notice to Pay Rent: This notice should be used for Tenants that have fallen behind on rent payments. It’s a necessary first step in the eviction process.
• Hawaii 10 Day Notice to Cure: This notice should be used for a Lease violation other than nonpayment of rent. It’s a necessary first step in the eviction process.
• Hawaii Official Landlord Tenant Complaint (1st Circuit): This is the document Landlords on the Island of O’ahu should use to initiate eviction proceedings.
• Hawaii Official Landlord Tenant Complaint (2nd Circuit): Landlords in the 2nd Circuit, which includes Maui, Molokai, Lanai, Kahoolawe, and Molokini, shoulduse this document to start the eviction process.
• Hawaii Official Landlord Tenant Complaint (3rd Circuit): Landlords on the Island of Hawaii should use this complaint to start an eviction.
• Hawaii Official Landlord Tenant Complaint (5th Circuit): Landlords in Kauai and Niihau should use this form to initiate eviction proceedings.
• Hawaii Landlord-Tenant Handbook: This user-friendly resource outlines Landlord and Tenant rights and serves as a helpful tool for Hawaii Landlords.

Need another form? Search our library of over 400 property management forms!

State-Specific Forms