Hawaii Eviction Notice Overview
Hawaii does not use a 7-day eviction notice. Under Hawaii Revised Statutes Section 521-68, landlords must give a 5-day noticefor non-payment of rent. The Residential Landlord-Tenant Code (HRS Chapter 521) governs all residential evictions in Hawaii. The eviction process is called 'summary possession' and is filed in District Court.
Hawaii has four judicial circuits covering the major islands: First Circuit (Oahu), Second Circuit (Maui, Molokai, Lanai), Third Circuit (Hawaii Island), and Fifth Circuit (Kauai). Honolulu District Court on Oahu handles the highest volume of eviction cases. Hawaii has some of the strongest tenant protections in the country, including strict notice content requirements and a prohibition on retaliatory evictions under HRS 521-74. The state's high cost of living and limited housing supply make eviction cases particularly sensitive.
5 Days
Notice period
$155
Filing fee
HRS Ch. 521
Governing law
District
Court level
Why Hawaii Uses 5 Days, Not 7
Important: Hawaii Uses a 5-Day Notice, Not 7
Hawaii Revised Statutes 521-68 requires a 5-day notice for non-payment of rent. For lease violations, a 10-day notice to cure is required under HRS 521-72. Using a 7-day notice period would be incorrect for either type of Hawaii eviction. The notice must comply with all HRS Chapter 521 requirements to be valid.
Hawaii Notice Periods at a Glance
- 5-Day Notice — Non-Payment (HRS 521-68): Tenant has 5 business days to pay all rent owed
- 10-Day Notice — Lease Violations (HRS 521-72): Tenant has 10 days to cure a material breach of the rental agreement
- 45-Day Notice — Month-to-Month (HRS 521-71): Either party must give 45 days written notice to terminate
- 24-Hour Notice — Emergency: For immediate health and safety threats only
Hawaii Notice Requirements
Hawaii courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 5 days for non-payment as required by Hawaii law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in Hawaii
Hawaii law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver the notice to the tenant in person. This is the most reliable method and is preferred by Hawaii District Courts. Bring a witness for documentation.
Certified Mail
Send via certified mail with return receipt requested. The return receipt provides proof of delivery for the court. Allow additional time for mail delivery between islands.
Posting on Premises
Post the notice conspicuously on the main entry door of the rental unit and simultaneously mail a copy to the tenant. This method is used when personal service fails.
Document Service
Prepare a certificate of service documenting the date, time, and method of delivery. Hawaii District Courts require proof of proper service when filing the summary possession complaint.
Hawaii Eviction Timeline
The Hawaii eviction process follows a specific timeline from notice through court proceedings to enforcement.
Serve 5-day notice for non-payment of rent per HRS 521-68
If the tenant has not paid, file summary possession complaint in Hawaii District Court
Hearing scheduled by the court; tenant served with summons and complaint
Hearing held before District Court judge; judgment entered if landlord prevails
Writ of possession issued; sheriff enforces removal if tenant has not vacated
Uncontested Hawaii evictions typically take 5-7 weeks from notice to removal. Contested cases can take 8-14 weeks or longer. Oahu (Honolulu) courts may have longer wait times due to case volume. Cases involving properties on neighbor islands (Maui, Big Island, Kauai) may also experience scheduling delays. Hawaii's strong tenant protections mean that tenants who raise valid defenses can significantly extend the timeline.
Hawaii Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in Hawaii District Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $155 |
| Service of Process | $40 - $80 |
| Writ of Possession | $50 - $100 |
| Attorney Fees (optional) | $1,000 - $3,000 |
| Appeal Filing Fee | $200 |
Sample Hawaii Eviction Notice
Below is a preview of a Hawaii-compliant eviction notice that meets the requirements of HRS 521-68.
5-DAY NOTICE TO PAY RENT OR VACATE
STATE OF HAWAII
Pursuant to HRS 521-68
LANDLORD:
Name: [Full Legal Name]
Address: [Hawaii Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You are hereby notified that rent in the amount of $[Amount] for the rental period of [Dates] is past due. You have FIVE (5) BUSINESS DAYS from the date of service of this notice to pay the above amount in full or vacate the premises and deliver possession to the landlord.
HAWAII COMPLIANCE NOTE
Hawaii requires a 5-day notice for non-payment of rent (HRS 521-68), not 7 days. The notice must strictly comply with all requirements of HRS Chapter 521 including proper identification of the parties, premises, and amount owed.