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Hawaii 5 Day Notice to Pay Rent

This Hawaii 5 Day Notice is the required form for a tenant who has fallen behind in rent. This notice must be given prior to initiating court proceedings.

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Hawaii 5 Day Notice to Pay Rent

Last Modified 1/8/2016

(last edited 1/8/2016)

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-day period 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 make a determination 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 that 5-day period. If you mail the notice, add another 3 days to the duration.

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