FIVE-DAY NOTICE TO PAY RENT OR QUIT
(Hawaii)
[// GUIDANCE: This notice is governed by the Hawaii Residential Landlord-Tenant Code, Hawaii Revised Statutes (HRS) Chapter 521. Hawaii law requires a minimum of FIVE (5) business days' notice to pay rent or vacate for nonpayment of rent pursuant to HRS § 521-68. The notice period excludes Saturdays, Sundays, and state holidays. This notice must be served in accordance with HRS § 521-21. Verify current statutory requirements before use.]
NOTICE INFORMATION
Date of Notice: [DATE]
Tenant Name(s): [TENANT FULL LEGAL NAME(S)]
Rental Property Address:
[STREET ADDRESS]
[CITY], Hawaii [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
Island: [OAHU / MAUI / HAWAII / KAUAI / OTHER]
NOTICE TO TENANT
TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:
You are hereby notified that you are in default of your rental agreement for the above-referenced premises due to nonpayment of rent.
AMOUNT DUE
| Description | Amount |
|---|---|
| Past Due Rent for [MONTH(S)/YEAR] | $[AMOUNT] |
| Late Fee (if applicable per lease) | $[AMOUNT] |
| Prior Balance (if any) | $[AMOUNT] |
| General Excise Tax (if applicable) | $[AMOUNT] |
| TOTAL AMOUNT DUE | $[TOTAL] |
DEMAND FOR PAYMENT OR POSSESSION
Pursuant to Hawaii Revised Statutes § 521-68, you are hereby required within FIVE (5) BUSINESS DAYS (excluding Saturdays, Sundays, and Hawaii state holidays) from the date of service of this notice to either:
-
PAY IN FULL the total amount of rent due as stated above; OR
-
VACATE AND SURRENDER possession of the above-described premises to the undersigned Landlord.
THE FIVE BUSINESS DAY PERIOD BEGINS THE FIRST BUSINESS DAY AFTER SERVICE OF THIS NOTICE.
CONSEQUENCES OF NON-COMPLIANCE
If you fail to pay the full amount of rent owed or vacate the premises within the five (5) business day period, the rental agreement will terminate and the Landlord will pursue legal remedies available under Hawaii law, including but not limited to:
- Filing a Summary Possession action in the Hawaii District Court pursuant to HRS §§ 666-1 et seq.;
- Seeking a judgment for possession of the premises (Writ of Possession);
- Seeking a money judgment for all unpaid rent, court costs, and reasonable attorney's fees;
- Any other remedies available at law or in equity.
PAYMENT INSTRUCTIONS
[// GUIDANCE: Specify acceptable payment methods and where payment should be delivered.]
Payment must be made by: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / OTHER ACCEPTED METHODS]
Payment must be delivered to:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
[ADDRESS]
[CITY], Hawaii [ZIP CODE]
[PHONE NUMBER]
IMPORTANT LEGAL NOTICES
-
Right to Cure: Under HRS § 521-68, if you pay the full amount of rent due within the five (5) business day notice period, your rental agreement will continue in effect.
-
Recurring Defaults: If rent has been unpaid upon due date on three or more occasions during the twelve-month period preceding the due date of the most recent rent, after written notice that rent is unpaid, the landlord may terminate the rental agreement without allowing any time for cure.
-
Hawaii Landlord-Tenant Code: Your tenancy is governed by HRS Chapter 521. A copy of the law is available at the State Capitol or online at capitol.hawaii.gov.
-
Warranty of Habitability: Under HRS § 521-42, landlords must maintain rental premises in habitable condition. If there are conditions substantially impairing health or safety, you may have legal defenses.
-
Prohibited Retaliation: HRS § 521-74 prohibits landlords from retaliating against tenants who exercise their legal rights.
-
Security Deposit: Your security deposit will be handled in accordance with HRS § 521-44.
-
Utility Cutoffs Prohibited: Landlords may not interrupt utilities to force you to vacate. HRS § 521-69.
-
Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.). Consult with a legal assistance attorney or JAG officer.
-
Legal Assistance: For legal help, contact:
- Legal Aid Society of Hawaii: (808) 536-4302
- Hawaii State Bar Lawyer Referral: (808) 537-9140
- Volunteer Legal Services Hawaii: (808) 528-7046
RESERVATION OF RIGHTS
This notice is made without waiving any rights or remedies of the Landlord, all of which are expressly reserved. Acceptance of partial payment after this notice is served does not waive the Landlord's right to proceed with eviction unless the Landlord agrees in writing to waive the breach.
CERTIFICATION OF SERVICE
I, the undersigned, hereby certify that a copy of this Five-Day Notice to Pay Rent or Quit was served upon the above-named Tenant(s) on [DATE OF SERVICE] by the following method:
☐ Personal delivery to Tenant
☐ Delivery to a person of suitable age and discretion residing at the dwelling unit, with copy mailed
☐ Posting in a conspicuous place on the dwelling unit AND mailing a copy via first-class mail
☐ Certified mail, return receipt requested
[// GUIDANCE: Hawaii law (HRS § 521-21) provides that service is complete upon personal delivery, or on the third day after mailing. If service is by posting and mailing, the notice period begins after service is complete.]
LANDLORD/AGENT SIGNATURE
Landlord/Authorized Agent Name: [PRINT NAME]
Signature: ____________________________________
Date: [DATE]
Address:
[LANDLORD ADDRESS]
[CITY], Hawaii [ZIP CODE]
Telephone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
PROOF OF SERVICE
Server Name: [PRINT NAME OF PERSON WHO SERVED NOTICE]
Signature: ____________________________________
Date of Service: [DATE]
Time of Service: [TIME]
Method of Service: [DESCRIBE METHOD USED]
This notice is intended to comply with the requirements of Hawaii Revised Statutes §§ 521-68 and 521-21. It does not constitute legal advice. Consult a licensed Hawaii attorney for guidance specific to your situation.