Hawaii Notice to Terminate Month-to-Month Tenancy (No-Cause; 45-Day Landlord / 28-Day Tenant)

NOTICE TO TERMINATE MONTH-TO-MONTH TENANCY (NO CAUSE) — STATE OF HAWAIʻI

(HRS § 521-71)

TABLE OF CONTENTS

1. Type of Notice and Sender
2. Identification of Parties and Premises
3. Statement of Tenancy
4. Notice of Termination and Statutory Notice Period
5. Termination Date
6. Tenant's Early-Vacancy Right Under HRS § 521-71(b)
7. Move-Out Procedures
8. Security Deposit Statement
9. Holdover Consequences and Summary Possession
10. Reservation of Rights
11. Tenant Rights Summary
12. Signature and Verification
13. Declaration / Certificate of Service
14. Hawaiʻi Practice Notes
15. Sources and References

1. TYPE OF NOTICE AND SENDER

This Notice is given by the (check one):

• ☐ LANDLORD terminating a month-to-month tenancy without cause — at least 45 days' advance notice (HRS § 521-71(a))
• ☐ LANDLORD terminating for demolition, condominium conversion under HRS Chapter 514B, or change of use to transient vacation rental — at least 120 days' advance notice (HRS § 521-71(c))
• ☐ TENANT terminating a month-to-month tenancy — at least 28 days' advance notice (HRS § 521-71(b))
• ☐ TENANT vacating early during landlord's 45-day notice period (HRS § 521-71(b)) — see Section 6

2. IDENTIFICATION OF PARTIES AND PREMISES

TO: [RECIPIENT FULL LEGAL NAME(S)]
Address: [FULL PREMISES ADDRESS, UNIT/APT, CITY, ISLAND, HI ZIP]

FROM: [SENDER FULL LEGAL NAME / ENTITY]
Capacity: ☐ Landlord/Owner ☐ Property Manager / Authorized Agent ☐ Tenant
Mailing address: [STREET, CITY, HI ZIP]
Telephone / email: [__________________________]

DATE OF NOTICE: [__/__/____]

3. STATEMENT OF TENANCY

The recipient is the ☐ tenant ☐ landlord under that certain residential rental agreement dated [__/__/____] (the "Rental Agreement") for the dwelling unit located at [FULL PREMISES ADDRESS] (the "Premises"). The current rent is $[________] per month, due on the [___] day of each month. The tenancy is month-to-month, having either been (a) so structured originally, or (b) converted from a fixed term that has expired and continued in effect month-to-month under HRS § 521-22.

4. NOTICE OF TERMINATION AND STATUTORY NOTICE PERIOD

You are hereby notified that the above-described month-to-month tenancy is terminated, at the will of the ☐ Landlord ☐ Tenant, effective at the end of the rental period stated below. This Notice provides at least the statutory minimum notice as follows:

• ☐ Forty-five (45) days (Landlord termination — HRS § 521-71(a))
• ☐ One hundred twenty (120) days (Demolition, conversion, or change of use to TVR — HRS § 521-71(c))
• ☐ Twenty-eight (28) days (Tenant termination — HRS § 521-71(b))

Reason for landlord termination (optional; not required for a no-cause notice): ☐ Owner move-in ☐ Family-member move-in ☐ Sale of property ☐ Substantial repairs/renovation ☐ Withdrawal from rental market ☐ Other: [__________________________]

5. TERMINATION DATE

Date of this Notice: [__/__/____]
Date of receipt by recipient (estimated/actual): [__/__/____]
Termination date — last day of tenancy: [__/__/____]

You are required to vacate the Premises and surrender possession, including all keys, garage remotes, and access devices, on or before 11:59 p.m. on the termination date.

6. TENANT'S EARLY-VACANCY RIGHT UNDER HRS § 521-71(b)

If this Notice is given by the Landlord, HRS § 521-71(b) permits the Tenant to vacate at any time within the last forty-five (45) days of the period between notification and termination, provided that the Tenant gives the Landlord written notice of the date the Tenant will vacate and pays prorated rent for the period of occupation up to (and including) the vacate date.

Tenant's intended vacate date (if exercising this right): [__/__/____]
Prorated rent through vacate date: $[________]

7. MOVE-OUT PROCEDURES

On or before the termination date, the Tenant shall:

1. Remove all personal property and refuse from the Premises;
2. Return the Premises in clean condition, normal wear and tear excepted;
3. Surrender all keys, garage remotes, access cards, and parking permits to the Landlord at [ADDRESS] or as otherwise directed in writing;
4. Provide the Landlord with a forwarding address in writing for return of the security deposit and other communications;
5. Cooperate with a joint move-out inspection scheduled for [__/__/____ at __:__ a.m./p.m.];
6. Cancel utilities effective the day after the termination date and forward final bills to the appropriate party.

8. SECURITY DEPOSIT STATEMENT

Pursuant to HRS § 521-44:

• The Tenant's security deposit on file is $[________].
• Within fourteen (14) days after termination of the rental agreement and surrender of the Premises, the Landlord shall return the security deposit, less any lawful deductions, accompanied by an itemized written statement of any deductions.
• A landlord who wrongfully and willfully retains a security deposit may be liable for treble damages plus costs of suit.

9. HOLDOVER CONSEQUENCES AND SUMMARY POSSESSION

If the Tenant fails to surrender possession by the termination date, the Tenant shall be in unlawful holdover, and:

1. The Landlord may bring a summary possession action in District Court within sixty (60) days of the holdover (HRS § 521-71(d));
2. The Landlord may recover possession, all unpaid rent, holdover use-and-occupancy damages (which may exceed contract rent), costs of suit, and (where authorized) reasonable attorney's fees;
3. The Tenant may be liable for consequential damages, including lost-rental damages from a substituted lease, where supported.

10. RESERVATION OF RIGHTS

The Sender expressly reserves all rights, claims, defenses, and remedies under the Rental Agreement, HRS Chapter 521, HRS Chapter 666, common law, and applicable county ordinance. Acceptance of any partial payment, partial occupancy, or extension of the termination date shall not constitute waiver of this Notice unless expressly stated in writing.

11. TENANT RIGHTS SUMMARY

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

• Anti-retaliation. HRS § 521-74 prohibits retaliatory termination and creates a presumption of retaliation if the landlord acts within one (1) year after a protected complaint by the tenant.
• Anti-discrimination. HRS § 515-3 and the federal Fair Housing Act (42 U.S.C. §§ 3601–3619) prohibit discrimination based on race, sex (including gender identity or expression), sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, and HIV status.
• CARES Act overlay. A 30-day federal notice requirement may apply to "covered dwellings" (federally backed mortgages or federally assisted housing). The 45-day Hawaii notice generally satisfies both.
• 120-day notice protections. If the landlord intends demolition, condominium conversion under HRS Chapter 514B, or conversion to transient vacation rental, the tenant is entitled to 120 days' notice (HRS § 521-71(c)).
• Subsidized housing. Section 8 / HUD-assisted tenancies have additional good-cause requirements that may override a no-cause notice.
• County ordinances. Honolulu, Maui (post-Lahaina/Kula fire), Kauaʻi, and Hawaiʻi County may impose just-cause requirements or moratoria.
• 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.

12. 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 Sender or the duly authorized agent of the Sender with personal knowledge of the matters stated herein.

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

Signature: _______________________________
Print name: [__________________________]
Capacity: ☐ Landlord/Owner ☐ Property Manager ☐ Authorized Agent ☐ Tenant

13. DECLARATION / CERTIFICATE OF SERVICE

I, [SERVER NAME], declare that I served the foregoing Notice to Terminate Month-to-Month Tenancy on the recipient(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: [__________________________]

14. HAWAIʻI PRACTICE NOTES

1. The 45-day rule. Hawaii is among the states with the longest landlord no-cause notice periods. Sloppy date counting and dating from "service" rather than "receipt" are common pitfalls. Build in a buffer.
2. 120-day rule. HRS § 521-71(c) requires 120 days for demolition, HRS Chapter 514B condominium conversion, or change of use to transient vacation rental. The TVR provision was added in part to address concerns about displacement caused by short-term-rental conversions. Confirm classification under HRS Chapter 514E and county zoning.
3. No just-cause requirement statewide — but check the county. Statewide, no cause is required for a 45-day termination, but counties may layer just-cause ordinances or emergency moratoria.
4. Retaliation presumption. Under HRS § 521-74, if the landlord serves a no-cause notice within one (1) year after the tenant exercised a protected right (e.g., complained to a code-enforcement agency, organized a tenant union, asserted habitability), retaliation is presumed and the landlord must rebut.
5. Holdover window. The landlord must file summary possession within 60 days of the holdover or risk arguments that the landlord acquiesced to a renewed tenancy.
6. Federal overlays. CARES Act 30-day notice may be required. If the unit is HUD/Section 8, the housing authority's good-cause regime applies and a 45-day notice alone may be insufficient.
7. Maui post-fire. The Maui eviction moratorium ended Feb. 4, 2025; Act 202 mediation provisions apply, and some Maui-specific protections (e.g., FEMA-housed survivors, "host homes") remain in flux. Verify county emergency proclamations.
8. Service. Personal delivery is preferred. Posting plus first-class mail is acceptable; certified mail is strong evidence of receipt. Document method and date in the certificate of service.

15. SOURCES AND REFERENCES

• 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 § 521-22 — Term of rental agreement. https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0521/HRS_0521-0022.htm
• HRS § 521-44 — Security deposits. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-44/
• HRS § 521-74 — Retaliatory evictions and rent increases prohibited. https://law.justia.com/codes/hawaii/title-28/chapter-521/section-521-74/
• HRS § 515-3 — Discriminatory practices in real property transactions. https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF's/HRS_0515.pdf
• HRS Chapter 514B — Condominium Property Act. https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0514B/
• HRS Chapter 514E — Time sharing plans. https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0514E/
• 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
• Maui Recovery — Tenant resources. https://www.mauirecovers.org/
• Legal Aid Society of Hawaiʻi. https://www.legalaidhawaii.org/

END OF NOTICE — HAWAIʻI 45/28/120-DAY TERMINATION (HRS § 521-71)