Hawaii 5-Day Eviction Notice Overview
Hawaii's residential eviction process is governed by the Residential Landlord-Tenant Code at HRS Chapter 521. Hawaii is one of approximately a dozen states that uses a 5-day notice period for non-payment of rent, though with an important distinction: Hawaii counts business days, not calendar days. This effectively gives tenants about 7 calendar days to cure a rent default, making the actual timeline somewhat longer than states counting 5 calendar days.
Eviction cases in Hawaii are called "summary possession" actions and are filed in District Court. Hawaii's unique island geography affects the eviction process: Oahu (Honolulu) handles the majority of filings, but each island has its own District Court within one of four judicial circuits. The high cost of living in Hawaii, particularly on Oahu and Maui, means that eviction disputes often involve significant rental amounts. Median rents in Honolulu exceed $2,000, making the stakes for both landlords and tenants considerable.
5 Biz Days
Non-payment notice
~$155
Court filing fee
District
Court type
5-8 Wks
Total process
HRS Section 521-68 Explained
Hawaii Is a True 5-Day Notice State (Business Days)
Hawaii requires a 5-business-day notice for non-payment of rent. The use of business days rather than calendar days is a distinctive feature of Hawaii's Residential Landlord-Tenant Code and gives tenants slightly more time than the "5-day" label suggests.
HRS Section 521-68 establishes that when rent has been unpaid for 5 days after it is due, the landlord may terminate the rental agreement if the tenant fails to pay all rent due within 5 business days after written notice by the landlord. The notice must state the amount of rent due and clearly demand payment within 5 business days.
Hawaii provides different notice requirements depending on the type of violation. Material health and safety violations require a 5-day notice with a right to cure, while violations involving illegal drug activity permit immediate termination under HRS Section 521-69. For general lease violations, a 10-day notice is required under HRS Section 521-72. Month-to-month tenancies require 45 days' notice to terminate.
Hawaii Notice Periods at a Glance
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-Payment of Rent | 5 business days | HRS 521-68 |
| Health/Safety Violation | 5 days (with cure) | HRS 521-69 |
| General Lease Violation | 10 days | HRS 521-72 |
| Illegal Drug Activity | Immediate (no cure) | HRS 521-69(b) |
| Month-to-Month Termination | 45 days | HRS 521-71 |
Hawaii Legal Requirements for 5-Day Notices
A 5-day notice in Hawaii must contain all elements specified by HRS Chapter 521. Hawaii District Courts will dismiss a summary possession action if the underlying notice fails to meet statutory requirements.
Required Notice Contents
- Tenant Names: Full legal names of all tenants on the rental agreement
- Property Address: Complete address including unit number, city, island, and ZIP code
- Rent Amount Due: Specific dollar amount of overdue rent and the period(s) for which it is owed
- 5-Business-Day Deadline: Clear statement that the tenant has 5 business days from service to pay
- Termination Warning: Language that the rental agreement will terminate if payment is not received within the notice period
- Landlord Information: Name, mailing address, and phone number of the landlord or managing agent
- Date of Service: The date the notice is delivered, starting the 5-business-day clock
How to Serve a 5-Day Notice in Hawaii
Hawaii law at HRS Section 521-21 outlines the acceptable methods for delivering notices. Proper service documentation is critical because Hawaii District Courts require proof of service as part of the summary possession filing.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a Hawaii-licensed process server. This is the most reliable method for District Court proceedings.
Leave with Adult at Premises
If the tenant is not available, leave the notice with a responsible adult (18+) residing at the unit. Record the name, date, and time of this substituted service.
Post and Mail
Post the notice on the main entry door and simultaneously mail a copy via first-class or certified mail to the tenant's address. This is a last resort when personal delivery fails.
Prepare Proof of Service
Document the delivery method, date, time, location, and any witnesses. Hawaii District Courts require a declaration or affidavit of service with the summary possession complaint.
File After 5 Business Days
Once 5 business days have passed without full payment, file a summary possession complaint in the District Court of the circuit where the rental property is located.
Hawaii Eviction Timeline
The eviction process in Hawaii moves at a moderate pace compared to mainland states. The use of business days for the notice period, combined with court scheduling on the islands, means a typical uncontested eviction takes approximately 5 to 8 weeks from start to finish. Oahu, with the highest caseload, tends toward the longer end of that range.
After the 5-business-day notice expires and the landlord files the complaint, the court issues a summons requiring the tenant to appear at a hearing within 7 to 15 days. Honolulu District Court may take longer due to its higher caseload. At the hearing, the judge reviews the notice, lease, payment records, and proof of service.
If the landlord prevails, the court issues a writ of possession. The tenant is given a specified period to vacate (typically 5 to 10 days), after which the sheriff enforces the writ. Self-help evictions are strictly prohibited under HRS Section 521-63(c), and violations can result in the landlord being liable for three months' rent plus actual damages. Appeals go to the Circuit Court.
Hawaii Eviction Filing Fees & Costs
Hawaii's filing fees are higher than many mainland states, reflecting the islands' generally higher cost of living. Below are the typical costs for a summary possession action.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | ~$155 |
| Process Server / Sheriff Service | $50 - $100 |
| Writ of Possession | $75 - $150 |
| Attorney Fees (Uncontested) | $600 - $2,500 |
| Appeal to Circuit Court | $150 - $275 |
Sample Hawaii 5-Business-Day Notice
Below is a preview of the Hawaii-specific notice for non-payment of rent. Note the reference to "business days" rather than calendar days, which is required under HRS Section 521-68.
FIVE-BUSINESS-DAY NOTICE TO PAY RENT OR QUIT
STATE OF HAWAII
Pursuant to HRS Section 521-68
TO TENANT(S):
Name(s): [All Tenant Names]
Property: [Full Hawaii Address]
Island / Circuit: [Oahu / Maui / Big Island / Kauai]
DEMAND FOR PAYMENT:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to HRS Section 521-68, you have FIVE (5) BUSINESS DAYS from service of this notice to pay the total amount due or surrender possession.
HAWAII COMPLIANCE
This notice complies with HRS Chapter 521. The 5-business-day period is the statutory requirement. Business days exclude Saturdays, Sundays, and Hawaii state holidays.