Hawaii Non-Payment of Rent Notice Overview
Hawaii requires a 5-day written notice to pay rent or vacate under HRS §521-68 before a landlord can file a summary possession action. Hawaii's Residential Landlord-Tenant Code (HRS Chapter 521) provides comprehensive regulation of the landlord-tenant relationship, with strong protections for both parties. The 5-day notice is the mandatory first step, and courts will not hear an eviction case unless the notice was properly served.
Hawaii's unique housing market—characterized by high rents, limited land, and a tourism-driven economy—creates significant landlord-tenant pressures. Eviction cases are handled by the District Court of the circuit where the property is located. Hawaii has four judicial circuits covering the islands. Courts actively encourage mediation, and the Mediation Center of the Pacific provides free services for landlord-tenant disputes in some circuits.
5 Days
Notice period
$135
Avg. filing fee
Yes
Right to cure
4-6 wks
Court process
Hawaii's 5-Day Notice Requirement
Under HRS §521-68, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 5 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Hawaii's Residential Landlord-Tenant Code (HRS Chapter 521) is comprehensive. The 5-day notice is mandatory before filing summary possession. Hawaii courts strongly encourage mediation through the Mediation Center of the Pacific, which can resolve disputes without trial.
Hawaii Island-Specific Considerations
Hawaii's unique geography affects the eviction process. Properties on neighbor islands (Maui, Hawaii Island, Kauai, Molokai, Lanai) may experience longer timelines for service of process and court hearings. The District Court of the First Circuit (Oahu/Honolulu) handles the highest volume of eviction cases. Landlords on neighbor islands should allow extra time for each step of the process.
Hawaii Legal Requirements (HRS §521-68)
For the notice to be valid under Hawaii law, it must meet specific requirements established by statute and interpreted by Hawaii courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Hawaii law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 5 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Hawaii Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding Hawaii's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No specific statutory cap. Must be reasonable. Generally limited to 8% of monthly rent under common practice. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Hawaii law.
Hawaii Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No specific statutory cap.
Partial Payment
Does not cure the notice. Landlord may refuse partial payments.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Hawaii
Hawaii law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Hawaii courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Hawaii courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Hawaii District Court. Include the original notice and proof of service with your filing.
Hawaii Non-Payment Eviction Timeline
The Hawaii eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 5-Day Notice to Pay Rent or Vacate | Day 1 |
| Notice period expires | Day 6 |
| File summary possession in District Court | Day 6-8 |
| Summons served (min 5 days before hearing) | Day 8-15 |
| Court hearing (return date) | Day 15-25 |
| Judgment for possession | Day 15-25 |
| Writ of possession executed | Day 22-35 |
Total estimated time: 4-6 weeks on Oahu. Neighbor island courts may take 5-8 weeks. Contested cases can extend to 2-3 months.
Hawaii Eviction Filing Fees & Costs
Filing fees for eviction actions in Hawaii vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $120 - $155 |
| Service of Process | $50 - $100 |
| Writ of Possession/Restitution | $30 - $75 |
| Attorney Fees (if hired) | $750 - $3,500 |
| Appeal (if needed) | $200 - $350 |
Sample Hawaii 5-Day Non-Payment Notice
Below is a preview of our Hawaii-specific non-payment notice. The final document includes all statutory language required under HRS §521-68 and is formatted for Hawaii court proceedings.
FIVE (5) DAY NOTICE TO PAY RENT OR VACATE
STATE OF HAWAII
Pursuant to HRS §521-68
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Hawaii Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
HAWAII STATUTORY NOTICE:
You are hereby notified that you are in default of your rental agreement for failure to pay rent. You have FIVE (5) DAYS from service to pay the full amount of rent due or vacate the premises. If you fail to comply within 5 days, your rental agreement will be terminated and the landlord will file a summary possession action in Hawaii District Court to recover possession, unpaid rent, and costs under HRS Chapter 521.