Hawaii Notices to Remedy a Breach and to End a Month-to-Month Tenancy

By the FigureMyTax Editorial Team · How we calculate

Not every Hawaii eviction starts with a rent notice. Here is how the 10-day notice to remedy a rule breach works, how month-to-month tenancies end on 45 or 28 days’ notice and what a holdover means.

What is the Hawaii notice for a rule breach?

If the tenant breaches a rule authorized by the Code, the landlord notifies the tenant in writing, specifying a time not less than ten days within which to remedy the breach, in substantially the statutory form, which warns that if the tenant continues or repeats the violation after the stated date the landlord may end the rental agreement and sue for possession (HRS 521-72(a)). The Hawaii eviction notice calculator counts the days.

Is there ever no time to remedy?

No allowance of time is required when the breach causes or threatens to cause damage to any person or is a violation of section 521-51(1) or (6) (521-72(a)). If the breach continues or recurs after the date in the notice, the landlord may bring a summary proceeding within thirty days after the continued or recurring breach (521-72(b)).

How does a landlord end a month-to-month tenancy?

By written notice at least 45 days before the termination; the tenant ends it by written notice at least 28 days before, and owes rent through the 28th day. A tenancy shorter than month to month ends on 10 days’ notice from either side (521-71(a), (b), (d)).

Are there longer notices?

Before terminating a month-to-month tenancy because the landlord contemplates voluntary demolition, conversion to a condominium or use as transient vacation rentals, the landlord must give at least 120 days’ notice (521-71(c)).

What is a holdover?

If the tenant stays after the end date without the landlord’s consent, the landlord may bring a summary proceeding at any time during the first 60 days of the holdover; if it does not, and there is no rental agreement, a month-to-month tenancy at the previous rent arises at the end of the 60 days (521-71). The landlord also has remedies for damages in the holdover period.

Can a landlord retaliate?

The Code limits retaliatory evictions and rent increases after a tenant in good faith asks for repairs or exercises a right, with exceptions, such as waste, a nuisance or an illegal use (521-74). If you think a notice is retaliatory, raise it in writing and call the Office of Consumer Protection. See the Hawaii eviction court process.

Notice periods at a glance

What to do after receiving a notice

Read the notice for the rule the landlord says you broke and the date. If the breach can be remedied, remedy it within the time and keep proof, such as photographs or receipts, and tell the landlord in writing what you did and when. If you think the notice is wrong or retaliatory, say so in writing and call the Office of Consumer Protection or Legal Aid the same day.

Why the form matters

The statute gives a form of notice and says it must specify the time within which the tenant is to remedy the breach. A notice that names no rule, gives no date or gives less than ten days is open to challenge, so landlords should use the form and tenants should check it against what they received.

Where to get help

Legal Aid and the district court clerk can explain the forms and the schedule in your circuit, and a licensed Hawaii attorney can read your lease and the notice. Bring the lease, the notice and the dates you received each paper.

Frequently asked questions

Official sources

• HRS 521-72: improper use
• HRS 521-71: termination of tenancy
• HRS 521-68: nonpayment of rent; prelitigation mediation

This is general information, not legal advice. It is based on the cited Hawaii statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Hawaii attorney.