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In Hawaii, a landlord can evict a tenant without a lease or with a lease that has ended (known as a ?holdover tenant? or ?tenant at will?). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice to move out (45 calendar days' for tenants that pay month-to-month).
The general process for evicting a tenant in Hawaii involves terminating the tenancy by giving the tenant notice, waiting for the lease or rental agreement to end (for evictions without legal cause), and filing an eviction lawsuit if necessary. Landlords must follow specific rules and procedures throughout the process.
Hawaii Lease Agreement with ezSign. Giving notice is the first step in the eviction process. The notice required in Hawaii for lease violations other than non-payment of rent is a 10 Day Notice to Cure or Vacate. Note that this is only to be used for situations in which the tenant has violated a covenant in the lease.
If the rental period is one month, the law requires that a landlord notify the tenant in writing at least 45 days before the date the landlord wants the tenant to move out. A tenant who wants to end the rental must give written notice to the landlord 28 days before moving.
Evictions typically stay on your public record for up to seven years, but they usually won't show up on your credit reports or directly affect your credit. The information provided on this website does not, and is not intended to, act as legal, financial or credit advice.
Step 1 ? Send Eviction Notice to Tenant. Non-Payment of Rent. ... Step 2 ? Wait to Hear from the Tenant. ... Step 3 ? File in Court. ... Step 4 ? Set A Hearing Date. ... Step 5 ? Appear in Court. ... Step 6 ? File a Writ of Possession. ... Step 7 ? Repossess the Property.
The Hawaii Notice to Vacate Form must contain the date on which the Notice to Vacate is given, and the time frame in which the rental property should become vacant. Specific details must be clearly stated on the notice, so the other party has reasonable awareness about their responsibilities.
Hawaii law defines legal cause as failure to pay rent, violation of the lease or rental agreement, or serious damage to the rental unit or another person. To evict the tenant for one of these reasons, the landlord needs to terminate the tenancy. The landlord can terminate the tenancy by giving the tenant notice.