Legal Notice - Eviction

HAWAII STATUTORY NOTICE OF DEFAULT, RIGHT TO CURE, AND INTENT TO TERMINATE TENANCY

(Eviction Notice – Residential Premises)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

NOTICE TYPE:
☐ Five-Business-Day Notice to Pay Rent or Quit (Haw. Rev. Stat. § 521-68)
☐ Ten-Day Notice to Cure Non-Rent Lease Violation or Quit (Haw. Rev. Stat. § 521-72)
☐ Twenty-Four-Hour Notice to Cure Imminent Health/Safety Violation or Quit (Haw. Rev. Stat. § 521-69)
☐ Forty-Five-Day Notice of Termination of Month-to-Month Tenancy (Haw. Rev. Stat. § 521-71)

LANDLORD: [LEGAL NAME OF LANDLORD], a [state & entity type]
TENANT(S): [FULL LEGAL NAME(S)]
PREMISES: [STREET ADDRESS, CITY, ZIP, UNIT NO.]
LEASE/RENTAL AGREEMENT DATE: [DATE]
EFFECTIVE DATE OF NOTICE: [DATE] (“Effective Date”)
JURISDICTION: State of Hawai‘i

2. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below. Any term used but not defined shall have the meaning ascribed under Haw. Rev. Stat. chapter 521.

“Business Day” means any day other than Saturday, Sunday, or Hawai‘i state-recognized holiday.

“Cure Period” means the statutory time within which Tenant may remedy the Default, calculated from the day after service of this Notice, as specified in Section 3.3.

“Default” means the violation(s) described in Section 3.1.

“Notice” means this Statutory Notice of Default, Right to Cure, and Intent to Terminate Tenancy.

“Premises” has the meaning assigned in the Document Header.

3. OPERATIVE PROVISIONS

3.1 Description of Default.
Tenant is in Default of the Rental Agreement and Hawai‘i law as follows:
• [DETAILED DESCRIPTION OF DEFAULT—e.g., “Failure to pay rent in the amount of $___ due on [due date]” / “Keeping an unauthorized pet” / “Creating an unsanitary condition constituting an imminent health hazard,” etc.].

3.2 Amount Due (if applicable).
As of the Effective Date, the total outstanding sums are:
a. Past-Due Rent: $[AMOUNT]
b. Late Fees (if authorized by lease and law): $[AMOUNT]
c. Other Charges Permitted by Law: $[AMOUNT]
TOTAL DUE TO CURE: $[AMOUNT]

3.3 Statutory Cure Period.
Tenant must cure the Default within the following time:

• Five (5) Business Days for nonpayment of rent (§ 521-68); or
• Ten (10) consecutive calendar days for other material lease violations (§ 521-72); or
• Twenty-Four (24) hours for imminent health/safety violations (§ 521-69); or
• Forty-Five (45) consecutive days for termination of month-to-month tenancy without cause (§ 521-71).

3.4 Manner of Cure.
a. Monetary Defaults: Payment must be made in full by certified funds, money order, or other form permitted under the Rental Agreement, delivered to Landlord at [PAYMENT ADDRESS] or as otherwise agreed in writing.
b. Non-Monetary Defaults: Tenant must fully remedy the condition described in Section 3.1 and provide written proof of cure to Landlord.

3.5 Failure to Cure.
If Tenant fails to cure within the applicable Cure Period, the Rental Agreement will automatically terminate pursuant to Hawai‘i law, and Landlord will commence eviction proceedings in the [DISTRICT COURT OF THE ___ CIRCUIT, STATE OF HAWAI‘I, HOUSING DIVISION] without further notice.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord Representation of Compliance.
Landlord represents that, to the best of its knowledge, it is in material compliance with Haw. Rev. Stat. chapter 521 and all obligations under the Rental Agreement, including but not limited to maintenance of the Premises in habitable condition.

4.2 Tenant Warranty of Accuracy.
Any statement or evidence of cure provided by Tenant shall be accurate and complete. Misrepresentation shall constitute an independent breach of the Rental Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenant to Maintain Compliance.
Tenant covenants to remain in continuous compliance with all terms of the Rental Agreement and applicable law for the remainder of the tenancy.

5.2 Landlord Covenant to Accept Timely Cure.
Provided Tenant cures within the Cure Period, Landlord shall not pursue eviction based on the Default described in this Notice. All other rights remain reserved.

6. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to cure within the Cure Period;
b. Recurrence of substantially the same breach within six (6) months after a prior cure;
c. Any additional breach enumerated under Haw. Rev. Stat. § 521-72(a)(4) (nuisance, waste, etc.).

6.2 Graduated Remedies.
a. First Uncured Default: Termination of tenancy and summary possession action;
b. Subsequent Uncured Default within six (6) months: Immediate termination without additional cure opportunity as permitted by § 521-72(a)(5).

6.3 Attorneys’ Fees and Costs.
In any action to enforce this Notice, the prevailing party shall be entitled to reasonable attorneys’ fees and costs as provided in the Rental Agreement and Haw. Rev. Stat. § 521-35.

7. RISK ALLOCATION

8. DISPUTE RESOLUTION

8.1 Governing Law.
This Notice and any resulting proceedings shall be governed by the laws of the State of Hawai‘i.

8.2 Forum Selection.
Exclusive jurisdiction lies with the state housing court of competent jurisdiction, specifically the District Court of the circuit where the Premises are situated.

8.3 Arbitration.
Arbitration is not available for eviction proceedings under Hawai‘i law.

8.4 Jury Trial.
Nothing herein constitutes a waiver of Tenant’s constitutional right to jury trial where applicable.

8.5 Injunctive Relief.
Landlord reserves the right to seek equitable or injunctive relief, including but not limited to writ of possession, as authorized under Haw. Rev. Stat. § 521-83.

9. GENERAL PROVISIONS

9.1 Amendment and Waiver.
Any amendment or waiver must be in writing and signed by both parties. Waiver of one breach is not waiver of another.

9.2 Severability.
If any provision of this Notice is held invalid, the remainder shall be enforced to the fullest extent permitted by law.

9.3 Integration.
This Notice, together with the Rental Agreement, constitutes the entire agreement concerning the Default described herein.

9.4 Delivery and Service.
Service of this Notice is made in accordance with Haw. Rev. Stat. § 521-21 by:
☐ Personal delivery to Tenant
☐ Delivery to person of suitable age residing in the Premises
☐ Certified mail to Tenant’s last known address
☐ Posting on the Premises after attempted personal service and mailing
Proof of service is attached hereto as Exhibit A.

9.5 Electronic Signatures.
Pursuant to Haw. Rev. Stat. ch. 489E, electronic signatures and delivery of this Notice in electronic form shall be deemed original and enforceable.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord has executed this Notice as of the Effective Date.

LANDLORD:
________________________________________
[AUTHORIZED SIGNATORY NAME & TITLE]
[LEGAL NAME OF LANDLORD]

DATE: ______________________

TENANT ACKNOWLEDGEMENT OF RECEIPT (optional):
I, the undersigned Tenant, acknowledge receipt of this Notice on the date indicated below. My signature does not constitute agreement with the allegations herein.

________________________________________
[TENANT NAME]

DATE: ______________________

Exhibit A – Proof of Service

[Attach completed certificate of service specifying method, date, and person effecting service.]