Hawaii Notice to Cure or Quit (10-Day Lease Violation)

NOTICE TO CURE OR QUIT — STATE OF HAWAIʻI

(HRS §§ 521-69, 521-71(e), 521-72 — Ten (10) Days)

TABLE OF CONTENTS

1. Notice Header and Identification
2. Statement of Tenancy and Premises
3. Description of Breach
4. Statutory Authority for This Notice
5. Demand to Cure or Quit Within Ten (10) Days
6. Computation of the Ten-Day Period
7. Curative Action Required
8. Consequences of Failure to Cure or Vacate
9. Reservation of Rights
10. Tenant Rights Summary
11. Signature and Verification
12. Declaration / Certificate of Service
13. Hawaiʻi Practice Notes
14. Sources and References

1. NOTICE HEADER AND IDENTIFICATION

TO: [TENANT FULL LEGAL NAME(S)]
AND ALL OTHERS IN POSSESSION OF: [FULL PREMISES ADDRESS, UNIT/APT, CITY, ISLAND, HI ZIP]

FROM: [LANDLORD FULL LEGAL NAME / OWNER ENTITY]
LANDLORD'S AGENT (if any): [AGENT / PROPERTY MANAGER NAME, FIRM, LICENSE #]
LANDLORD MAILING ADDRESS: [STREET, CITY, HI ZIP]
LANDLORD TELEPHONE / EMAIL: [__________________________]

DATE OF NOTICE: [__/__/____]

2. STATEMENT OF TENANCY AND PREMISES

You are the tenant under that certain residential rental agreement dated [__/__/____] (the "Rental Agreement"), under which you occupy the dwelling unit located at [FULL PREMISES ADDRESS] (the "Premises") on a ☐ month-to-month ☐ fixed-term ending [__/__/____] ☐ other: [_______] basis at a current rent of $[________] per month.

3. DESCRIPTION OF BREACH

You have materially breached the Rental Agreement and/or your statutory obligations as a tenant. The specific facts constituting the breach are as follows:

Nature of breach (check all that apply):

• ☐ Unauthorized occupant(s): [NAME(S)]
• ☐ Unauthorized pet(s): [DESCRIPTION]
• ☐ Failure to maintain premises in clean and safe condition (HRS § 521-51(1))
• ☐ Failure to dispose of garbage and waste (HRS § 521-51(2))
• ☐ Improper use causing or threatening damage (HRS § 521-51(6))
• ☐ Disturbance of other tenants' peaceful enjoyment (HRS § 521-51(8))
• ☐ Violation of lease paragraph [#] — [DESCRIBE]
• ☐ Violation of recorded house rules — [CITE RULE #]
• ☐ Smoking in non-smoking unit
• ☐ Unauthorized alteration / installation
• ☐ Operating a business / short-term rental without consent
• ☐ Threatening, intimidating, or harassing behavior toward landlord, agent, or other tenants (HRS § 521-71(e))
• ☐ Other: [__________________________]

Detailed factual description (dates, times, locations, witnesses):
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Lease provision(s) violated: [Paragraph __ of the Rental Agreement]

House rule(s) violated (if any): [Rule __, dated __/__/____]

4. STATUTORY AUTHORITY FOR THIS NOTICE

This Notice is given pursuant to (check applicable):

• ☐ HRS § 521-72 — Landlord's remedies for improper use (breach of rules under HRS § 521-52); 10-day cure period.
• ☐ HRS § 521-69(a) — Waste, failure to maintain, or unlawful use; 10-day cure period.
• ☐ HRS § 521-71(e) — Threatening, intimidating, harassing, or violent conduct; 10-day cure period.
• ☐ HRS § 521-69(b) (NON-CURABLE) — Substantial damage to premises materially affecting health and safety; no cure period required, this Notice serves as notice of immediate termination.
• ☐ HRS § 521-72 last sentence (NON-CURABLE) — Breach causes or threatens damage to any person or constitutes a violation of HRS § 521-51(1) or (6); no cure period required.

5. DEMAND TO CURE OR QUIT WITHIN TEN (10) DAYS

WITHIN TEN (10) DAYS AFTER YOUR RECEIPT OF THIS NOTICE, you are required to:

☐ Cure the breach by completing the action(s) described in Section 7 below; AND continue to comply with the Rental Agreement and HRS Chapter 521; OR

☐ Quit and surrender possession of the Premises to the Landlord by [__/__/____ at __:__ p.m.].

If you fail to do either within the ten (10)-day cure period, the Landlord will declare the Rental Agreement terminated and may institute summary possession proceedings against you in the District Court of the [FIRST / SECOND / THIRD / FIFTH] Circuit pursuant to HRS Chapter 666.

If the breach described above continues or recurs after the cure date, the Landlord may bring a summary possession action within thirty (30) days of such continued or recurring breach pursuant to HRS § 521-72.

6. COMPUTATION OF THE TEN-DAY PERIOD

Date of receipt of this Notice (Day 0): [__/__/____]
Cure deadline (end of Day 10): [__/__/____ ___:___ p.m.]

The ten-day period is measured in calendar days, not business days. (Compare HRS § 521-68 (pay-or-quit), which uses business days.) If the tenth day falls on a Saturday, Sunday, or state-observed holiday, the deadline is extended to the next business day pursuant to HRS § 1-29.

7. CURATIVE ACTION REQUIRED

To cure the breach within the ten-day period, you must complete the following actions:

1. [Specific corrective action #1 — e.g., "Remove unauthorized occupant [NAME] from the Premises"]
2. [Specific corrective action #2 — e.g., "Remove unauthorized pet from the Premises"]
3. [Specific corrective action #3 — e.g., "Repair damaged drywall in living room and submit photographs to Landlord"]
4. [Specific corrective action #4 — e.g., "Cease all smoking in the unit and on the lanai"]

Provide written confirmation of cure (with photographs if applicable) to the Landlord at [ADDRESS / EMAIL] on or before the cure deadline.

8. CONSEQUENCES OF FAILURE TO CURE OR VACATE

If you fail to cure the breach and fail to vacate by the deadline, the Landlord will:

1. Declare the Rental Agreement terminated;
2. File a summary possession Complaint in the District Court pursuant to HRS Chapter 666;
3. Seek a judgment for possession, costs of suit, and (if authorized by contract or statute) reasonable attorney's fees;
4. Apply for a writ of possession to be executed by the Department of Law Enforcement / Sheriff or an authorized civil process server.

An eviction judgment may be reported to credit and tenant-screening services and may significantly impair your ability to rent housing in the future.

9. RESERVATION OF RIGHTS

The Landlord expressly reserves all rights, claims, defenses, and remedies under the Rental Agreement, HRS Chapter 521, HRS Chapter 666, common law, and any applicable county ordinance. Any acceptance of rent during the cure period or thereafter is conditional and shall not constitute a waiver of this Notice or the underlying breach unless expressly stated in writing signed by the Landlord. The Landlord further reserves the right to pursue damages for any waste, conversion, or property damage.

10. TENANT RIGHTS SUMMARY

You may have legal rights and defenses, including without limitation:

• Habitability defense. A landlord must keep the dwelling unit fit for habitation under HRS § 521-42; conditions affecting health and safety may give rise to repair-and-deduct or rent-withholding remedies under HRS §§ 521-64, 521-78.
• Retaliation. A landlord may not retaliate against you for complaints made in good faith. HRS § 521-74 creates a presumption of retaliation if the landlord acts within one (1) year after a protected complaint.
• Discrimination. Hawaiʻi prohibits discrimination based on race, sex (including gender identity or expression), sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, and HIV status. HRS § 515-3.
• Reasonable accommodation / modification. Tenants with disabilities may request reasonable accommodations and modifications under federal and state fair-housing laws.
• Defective notice. A notice that fails to identify the breach with particularity, miscounts the cure period, or cites the wrong statute may be unenforceable.
• Self-help eviction prohibited. HRS § 521-63 entitles you to two (2) months' rent or two (2) months' free occupancy plus costs and attorney's fees for unlawful exclusion.
• Free / low-cost legal help: Legal Aid Society of Hawaiʻi (808-536-4302); Volunteer Legal Services Hawaiʻi (808-528-7046); Mediation Centers of Hawaiʻi.

11. SIGNATURE AND VERIFICATION

I declare under penalty of perjury under the laws of the State of Hawaiʻi that the foregoing is true and correct, and that I am the Landlord or duly authorized agent of the Landlord with personal knowledge of the matters stated herein.

Executed at [CITY], Hawaiʻi, on [__/__/____].

Signature: _______________________________
Print name: [__________________________]
Title / Capacity: ☐ Owner ☐ Property Manager ☐ Authorized Agent
Hawaiʻi RB / RS license # (if applicable): [__________]

12. DECLARATION / CERTIFICATE OF SERVICE

I, [SERVER NAME], declare that I served the foregoing Notice to Cure or Quit on the Tenant(s) named above as follows:

I am over the age of 18 and not a party to this matter.

I declare under penalty of perjury under the laws of the State of Hawaiʻi that the foregoing is true and correct.

Executed at [CITY], Hawaiʻi, on [__/__/____].

Signature: _______________________________
Print name: [__________________________]

13. HAWAIʻI PRACTICE NOTES

1. Pick the right statute. HRS § 521-72 governs breach of "rules" properly adopted under § 521-52; HRS § 521-69 governs waste, failure to maintain, and unlawful use of the premises. HRS § 521-71(e) governs threats and violence. Mis-citation can be fatal.
2. Particularity matters. District Court judges expect a recitation of facts sufficient for the tenant to identify and cure. Attach the lease excerpt and any house rules.
3. Curability vs. non-curability. Substantial damage materially affecting health/safety, criminal activity, threats of violence to persons, and certain HRS § 521-51 violations are non-curable in their nature; the notice should state termination immediately and proceed under § 521-69(b) or § 521-72's last sentence. Do not promise a cure where none is legally required.
4. Recurrence window. If the breach is cured but recurs within thirty (30) days after the cure date, summary possession may be filed without a new notice (HRS § 521-72).
5. Act 278 not implicated. Pre-filing mediation under Act 278 applies only to nonpayment of rent. Cure-or-quit notices for non-monetary breaches are not within the program.
6. Counties. Honolulu, Maui (Lahaina/Kula post-fire), Kauaʻi, and Hawaiʻi County may add procedures or moratoria; verify currency.
7. Section 8 / HUD. Federally subsidized tenancies layer on additional good-cause and grievance procedures. CARES Act 30-day notice may apply to "covered dwellings."
8. Document everything. Photographs (date-stamped), incident reports, witness declarations, and prior warnings strengthen the record.

14. SOURCES AND REFERENCES

• HRS § 521-72 — Landlord's remedies for improper use. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-72/
• HRS § 521-69 — Landlord's remedies for tenant's waste, failure to maintain, or unlawful use. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-69/
• HRS § 521-71 — Termination of tenancy; landlord's remedies for holdover tenants. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-0071.htm
• HRS § 521-51 — Tenant to maintain dwelling unit. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-0051.htm
• HRS § 521-52 — Rules and regulations. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-0052.htm
• HRS Chapter 666 — Summary possession. https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF's/HRS_0666.pdf
• DCCA Office of Consumer Protection — Landlord-Tenant Information Center. https://cca.hawaii.gov/landlord-tenant-information-center/
• Handbook for the Hawaiʻi Residential Landlord-Tenant Code. https://cca.hawaii.gov/ocp/files/2013/06/landlord-tenant-handbook-OnlineVersion.pdf
• Legal Aid Society of Hawaiʻi. https://www.legalaidhawaii.org/

END OF NOTICE — HAWAIʻI 10-DAY CURE-OR-QUIT (HRS §§ 521-69, 521-71(e), 521-72)