Hawaii 10-Day Eviction Notice Overview
Hawaii's Residential Landlord-Tenant Code (HRS Chapter 521) provides one of the more tenant-protective frameworks in the country. The 10-day notice under HRS §521-68(a) applies specifically to material noncompliance with the rental agreement. This includes violations such as unauthorized occupants, unauthorized pets, excessive noise, property damage, and violations of health and safety codes.
Hawaii's unique island geography significantly affects the eviction process. Properties on Oahu (Honolulu) face the tightest rental market, with vacancy rates often below 3%. Outer island properties on Maui, the Big Island (Hawaii Island), and Kauai have different market dynamics. The District Courts on each island handle summary possession actions, with the First Circuit Court in Honolulu processing the most cases. Hawaii's high cost of living and limited housing stock mean that courts often encourage mediation before proceeding with eviction.
10 Days
Material noncompliance
5 Days
Non-payment of rent
~$155
Filing fee
4-6 Wks
Typical timeline
When Hawaii Uses a 10-Day Notice
Hawaii 10-Day Notice Context
The 10-day notice under HRS §521-68(a) is specifically for material noncompliance with the rental agreement. Do not use a 10-day notice for non-payment of rent (which requires a 5-day notice under §521-68(b)). Using the wrong notice type will result in dismissal by the District Court.
| Situation | Notice Period | Statute |
|---|---|---|
| Material noncompliance | 10 days to cure | HRS §521-68(a) |
| Non-payment of rent | 5 business days | HRS §521-68(b) |
| Repeat violation (within 12 months) | Termination notice (no cure) | HRS §521-68(a) |
| Month-to-month termination | 45 days (landlord) / 28 days (tenant) | HRS §521-71 |
HRS Chapter 521 Requirements
Hawaii's Residential Landlord-Tenant Code sets detailed requirements for eviction notices and the summary possession process.
- Specific Violation: Describe the material noncompliance in detail and identify the lease provision that was breached
- 10-Day Cure Period: State that the tenant has 10 days to remedy the noncompliance or the rental agreement terminates
- Repeat Violation Warning: Note that a similar violation within 12 months may result in termination without an opportunity to cure
- Written Form: Must be in writing. Verbal notices are not legally sufficient under HRS Chapter 521
- Landlord Identification: Include the landlord or agent's name, address, and telephone number per HRS §521-43
- Service Method: Deliver by personal service, substitute service, or post and mail per HRS §521-21
How to Serve a 10-Day Notice in Hawaii
HRS §521-21 governs notice delivery. Hawaii's island geography means mail service is common for outer island properties.
Personal Delivery
Hand-deliver to the tenant. Most effective on Oahu where distance is manageable. Have a witness or use a process server
Substitute Service
Leave with a person of suitable age at the dwelling. Complete a declaration of service noting date, time, and identity of the person
Post and Mail
Post on the dwelling door AND mail via first-class mail. Commonly used for neighbor island properties. Allow additional time for mail delivery
Wait Full 10 Days
Allow the complete 10-day period for the tenant to cure. Count starts the day after service. If mailed, add extra days for delivery
File Summary Possession
If uncured, file in District Court for the circuit where the property is located. Attach the notice and declaration of service
Hawaii District Court Eviction Process
Summary possession actions in Hawaii are filed in District Court. The First Circuit (Oahu) has the heaviest caseload. After filing, the court serves the complaint on the tenant, who has at least 5 days to respond. If the tenant does not respond, the landlord can request a default judgment.
If the tenant answers, a hearing is scheduled within 2 to 4 weeks. Hawaii District Courts often encourage or require mediation before trial. If the landlord prevails, the court issues a Judgment for Possession and Writ of Possession. The sheriff serves the writ and enforces it, typically within 7 to 14 days on Oahu and potentially longer on outer islands.
Total timeline: 4 to 6 weeks uncontested on Oahu, 6 to 12 weeks contested. Outer island timelines vary based on court scheduling and sheriff availability. Maui County courts may be faster due to lower volume, while Big Island (Hilo and Kona courts) and Kauai operate on similar timelines to Honolulu for contested cases.
Hawaii Filing Fees & Costs
Filing fees for summary possession actions in Hawaii District Courts.
| Fee / Cost | Amount |
|---|---|
| Summary Possession Filing Fee | $155 |
| Service of Process | $40 - $80 |
| Writ of Possession | $40 - $60 |
| Sheriff Enforcement | $75 - $200 |
| Attorney Fees (if hired) | $1,000 - $3,500 |
Sample Hawaii 10-Day Eviction Notice
Below is a preview of a Hawaii 10-day notice for material noncompliance under HRS §521-68(a).
10-DAY NOTICE OF MATERIAL NONCOMPLIANCE
STATE OF HAWAII
Pursuant to HRS §521-68(a)
TO TENANT(S):
Name: [Full Legal Name]
Property: [Hawaii Property Address]
MATERIAL NONCOMPLIANCE:
You are in material noncompliance with your rental agreement by: [specific violation], which violates Section [#] of your lease.
NOTICE:
You have TEN (10) DAYS to cure the above noncompliance. If the noncompliance is not remedied, your rental agreement will terminate and a summary possession action will be filed in District Court.
WARNING (HRS §521-68(a))
If a substantially similar violation occurs within 12 months of this notice, a termination notice may be issued without opportunity to cure.