Hawaii Notice to Pay Rent or Quit (5 Business Days)

NOTICE TO PAY RENT OR QUIT — STATE OF HAWAIʻI

(HRS § 521-68 — Five Business Days)

TABLE OF CONTENTS

1. Notice Header and Identification
2. Statement of Tenancy and Premises
3. Itemization of Rent and Charges Owed
4. Demand for Payment Within Five (5) Business Days
5. Computation of Business Days
6. Method of Cure — Where and How to Pay
7. Act 278 Pre-Filing Eviction Mediation Notice
8. Consequences of Failure to Pay or Vacate
9. Reservation of Rights
10. Tenant Rights Summary (Statutorily Recommended Disclosure)
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 ☐ week-to-week ☐ other: [_______] basis.

The current monthly rent is $[________] per month, due on the [___] day of each month under the Rental Agreement.

3. ITEMIZATION OF RENT AND CHARGES OWED

Your account is delinquent. The following sums are now due and unpaid:

4. DEMAND FOR PAYMENT WITHIN FIVE (5) BUSINESS DAYS

WITHIN FIVE (5) BUSINESS DAYS AFTER YOUR RECEIPT OF THIS NOTICE, you are required to:

☐ Pay the full sum of $[________] as itemized in Section 3 above; OR

☐ Deliver up possession of the Premises to the Landlord.

If you fail to do either within the five (5) business-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, and may recover possession of the Premises, all rent due, costs of suit, and (if authorized by the Rental Agreement or statute) reasonable attorney's fees.

This Notice is given pursuant to HRS § 521-68.

5. COMPUTATION OF BUSINESS DAYS

A "business day" under HRS § 521-8 means any calendar day except Saturday, Sunday, or any state or federal holiday observed in Hawaiʻi. Holidays observed in Hawaiʻi include, without limitation, New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Prince Jonah Kūhiō Kalanianaʻole Day (March 26), Good Friday, Memorial Day, King Kamehameha I Day (June 11), Independence Day, Statehood Day (third Friday in August), Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

Date of receipt of this Notice (Day 0): [__/__/____]
First business day: [__/__/____]
Fifth business day (cure deadline, end of business): [__/__/____ ___:___ p.m.]

6. METHOD OF CURE — WHERE AND HOW TO PAY

Payment in full will cure this default. Tender payment as follows:

Payee: [LANDLORD / OWNER ENTITY]
Acceptable forms: ☐ Cashier's check ☐ Money order ☐ ACH/Bank transfer ☐ Online portal at: [___________] ☐ Cash (only if expressly authorized by the Rental Agreement) ☐ Personal check (subject to clearance)
Delivery address (in person, business hours): [STREET, SUITE, CITY, HI ZIP]
Mail-to address: [__________________________]
Online portal URL / payment link: [__________________________]
Contact for payment confirmation: [NAME, PHONE, EMAIL]

Payments timely tendered, received, and not dishonored will be applied first to the oldest past-due rent. The Landlord may, at the Landlord's option, refuse a partial tender; if any partial tender is accepted, acceptance is without waiver of this Notice unless expressly stated in writing.

7. ACT 278 PRE-FILING EVICTION MEDIATION NOTICE

REQUIRED MEDIATION NOTICE — ACT 278, SESSION LAWS OF HAWAIʻI 2024

You may have the right to request FREE mediation before the Landlord files an eviction lawsuit against you for nonpayment of rent.

Effective February 5, 2026, Hawaiʻi's Pre-Filing Eviction Mediation Pilot Program ("Act 278") provides:

1. The Landlord must submit a Landlord Intake Form to the Mediation Centers of Hawaiʻi when (or before) serving this Notice.
2. You have ten (10) calendar days from your receipt of this Notice to request and schedule mediation with the Mediation Centers of Hawaiʻi by:
   - Phone: (808) 521-6767, or the island-specific community mediation center
   - Web: mediationcentersofhawaii.org
   - Email: [__________________________]
3. Mediation is free to both parties (paid by State funds), is conducted by a neutral mediator, and may result in a payment plan or other mutually agreeable resolution.
4. If you do not request mediation within ten (10) calendar days, OR if mediation occurs and does not resolve the dispute within the time prescribed by the Program (generally 30 days from initial contact), the Landlord may proceed to file a summary possession action.
5. Participation in mediation does not waive your defenses or rights under HRS Chapter 521 (Residential Landlord-Tenant Code) or Chapter 666 (Summary Possession).

8. CONSEQUENCES OF FAILURE TO PAY OR VACATE

If you fail to (a) pay the full amount demanded and (b) tender it during the five (5) business-day cure period, the Landlord intends to:

1. Declare the Rental Agreement terminated pursuant to HRS § 521-68;
2. Comply with any required Act 278 mediation pathway;
3. Commence a summary possession action in the District Court of the appropriate Circuit pursuant to HRS Chapter 666;
4. Seek a judgment for possession, all unpaid rent, late fees, court costs, and (if authorized by contract or statute) reasonable attorney's fees;
5. Apply for and execute a writ of possession through the Department of Law Enforcement / Sheriff's Division.

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 (Residential Landlord-Tenant Code), HRS Chapter 666 (Summary Possession), HRS Chapter 480 (UDAP), HRS Chapter 666-1 et seq., common law, and any applicable county ordinance. Acceptance of any partial payment or extension of the cure period shall not constitute a waiver of any rights, claims, defenses, or remedies, except as expressly stated in a writing signed by the Landlord.

10. TENANT RIGHTS SUMMARY (STATUTORILY RECOMMENDED DISCLOSURE)

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

• Habitability / repair-and-deduct. A landlord must keep the dwelling unit fit for habitation under HRS § 521-42. If material defects remain unrepaired after notice, you may have offsets under HRS § 521-64 or § 521-78.
• Retaliation. A landlord may not retaliate against you for complaints made in good faith to a government agency, the landlord, or a tenant organization. HRS § 521-74 creates a presumption of retaliation if the landlord acts within one (1) year after a protected complaint.
• Discrimination. It is unlawful for a landlord to discriminate based on race, sex (including gender identity or expression), sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or HIV status. HRS § 515-3; 42 U.S.C. §§ 3601–3619.
• Security deposit. A security deposit is capped at one (1) month's rent (plus an optional pet deposit not exceeding one month's rent under certain conditions); the landlord must return it (or send an itemized statement) within fourteen (14) days after termination. HRS § 521-44. Wrongful and willful retention may yield treble damages plus costs.
• Self-help eviction prohibited. A landlord may not lock you out, shut off utilities, remove your belongings, or otherwise dispossess you without a court order. HRS § 521-63 entitles you to two (2) months' rent or two (2) months' free occupancy plus costs and reasonable attorney's fees for an unlawful exclusion.
• Free / low-cost legal help:
• Legal Aid Society of Hawaiʻi: (808) 536-4302 / legalaidhawaii.org
• Volunteer Legal Services Hawaiʻi: (808) 528-7046
• Honolulu Right to Counsel Pilot (if eligible): [verify current eligibility]
• Mediation Centers of Hawaiʻi: mediationcentersofhawaii.org
• State Office of Consumer Protection (Landlord-Tenant Information Center): cca.hawaii.gov/landlord-tenant-information-center

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 Pay Rent 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. Statutory authority. HRS § 521-68 is the operative pay-or-quit statute. The notice period is "not less than five business days after receipt," not five calendar days. Counting errors are the most common reason these notices are held defective.
2. Receipt vs. service. The five business days run from the tenant's receipt, not from the date of mailing. Build in actual or constructive receipt (personal delivery preferred).
3. Act 278 layering (effective Feb. 5, 2026). For nonpayment of rent in a residential dwelling unit, in addition to the HRS § 521-68 notice, the landlord must follow the pre-filing mediation pathway. Landlords should serve the HRS § 521-68 notice and the Act 278 mediation notice/intake simultaneously, and document either (a) tenant's failure to timely request mediation within 10 calendar days of receipt, or (b) completion of mediation without resolution.
4. No prior notice of a single late payment is "waiver." Hawaii courts allow strict enforcement of rent obligations even where prior late payments were tolerated, but a course of dealing argument may be raised by the tenant; document any policy changes.
5. Counties and emergency orders. Honolulu City and County, Maui County (post-Lahaina/Kula fires), Kauaʻi County, and Hawaiʻi County may impose additional moratoria, mediation requirements, or rent-cap measures. Verify currency before serving.
6. Vacation rentals / short-term rentals. HRS § 521-7 excludes transient occupancy from Chapter 521. If the unit is a STR/TVR (HRS § 514E or county-classified), Chapter 521 may not apply; consult counsel.
7. Condominium units. Condo units are within Chapter 521 if they are rented as residential dwelling units (HRS § 521-2 definitions); the AOAO's house rules do not displace HRS § 521-68.
8. Federal overlays. CARES Act 30-day notice requirements may still apply to "covered dwellings" (federally backed mortgages or federally assisted housing). Section 8 / HUD-assisted units have additional notice requirements.

14. SOURCES AND REFERENCES

• HRS § 521-68 — Landlord's remedies for failure by tenant to pay rent. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-0068.htm
• 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 Chapter 521 — Residential Landlord-Tenant Code (full text). https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/hrs0521/hrs_0521-.htm
• HRS Chapter 666 — Landlord and Tenant (Summary Possession). https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF's/HRS_0666.pdf
• Hawaiʻi Judiciary — Landlord-Tenant Claims Pre-Filing Eviction Mediation Program (Act 278). https://www.courts.state.hi.us/landlord-tenant-claims-prefiling-eviction-mediation
• Mediation Centers of Hawaiʻi. https://www.mediationcentersofhawaii.org/
• 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 (DCCA). 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 5-BUSINESS-DAY PAY-OR-QUIT (HRS § 521-68)