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Making a Hawaii Eviction Notice
A Hawaii Eviction Notice is often prepared by property owners and managers to inform a renter of the legal action that will be taken if they continue to owe overdue rent, fail to comply with the agreed-upon terms and conditions of their signed lease agreement, or do not leave the property as requested. This notice can make it easier for you and your tenant(s) to avoid time-consuming and costly appearances in court down the road. With that in mind, in some cases, there isn't any solution, and going to court is unavoidable. Suited for any residential property, our Eviction Notice for Hawaii can be used by any landlord with tenants in Pearl City, East Honolulu, Honolulu, and in all of the other municipalities within the Aloha State.
In general, yes. You can draft a Hawaii Eviction Notice (more specifically known as a Notice to Quit) to begin the process. However, as a result of COVID-19, there are a few special protections in place for tenants who are unable to pay rent. Although the federal ban on eviction has been blocked by the Supreme Court, the state and municipal governments in Hawaii have the authority to create and enforce their own standards for evictions. Keep up with the current guidelines for Hawaii or ask a lawyer for further input.
If you plan to file an eviction lawsuit in Hawaii, you should always serve a Notice of Eviction. Some of the circumstances in which you might need one include:
Outside of these examples, a tenant generally may be evicted by their landlord for other reasons that are not related to a fault of their own, such as when the landlord wishes to move in. Keep in mind that the list above is not totally exhaustive and that the acceptable reasons for evicting a tenant can change. If you've got any particular concerns or questions related to Hawaii eviction laws, you can ask an attorney.
You can tap or click on "Make document" to take a closer look at our Hawaii Eviction Notice sample and see what information you'll need to personalize your eviction letter. Generally speaking, the basic details needed for making a Notice to Vacate for Hawaii are:
In the event that the tenant is not at fault for the eviction, you may want to add more details. With the Rocket Lawyer document tool, you have the power to implement additional custom alterations, if necessary. It will be critical to verify that any policies and terms that you mention are actually present in your rental agreement.
The law can change over time and the eviction process and restrictions can be rather complicated, especially for a first-timer. In certain instances, there may be different requirements depending on the reason for evicting the tenant and how long they have lived in the unit. With that in mind, it is recommended that every property owner speak with an eviction lawyer when planning to serve a Notice of Eviction on any tenant in Hawaii.
Luckily, you won't have to reinvent the wheel when producing your document. With the document tools on Rocket Lawyer, anyone can make a free Hawaii Eviction Notice with ease. Your notice is built step by step so you can be sure that it contains the proper details that you'll need. This route, in many cases, would end up being much less time-consuming than hiring a conventional law firm.
If you want to understand what the full cost of an eviction would be, you'll need to consider the fees associated with filing court documents, legal fees, the value of unrecovered funds, storage and/or cleaning fees, and ultimately the time and money spent looking for a new tenant. Luckily, you do not have to pay hundreds of dollars in legal fees to have your Notice of Eviction made. Unlike other eviction template providers that you might encounter, Rocket Lawyer provides Premium membership holders up to a 40% discount when hiring a lawyer, so an attorney from our On Call network can assess the situation and take action if you do proceed with an eviction lawsuit.
The length of the eviction process for Hawaii tenants is determined in part by the notice period required, in addition to the volume of proceedings occurring concurrently. Below, you will find a generalized overview of Hawaii notice periods:
When your notice period is over, an eviction can still take between 1 and 4 months. Please note that with certain kinds of housing, including where the rent is subsidized, the mandatory notice period is often even longer.
While it is feasible to prepare a Notice of Eviction by yourself, the majority of landlords who go to court will have a lawyer to represent them. It may vary depending on whom you ask, but sometimes an attorney will not even agree to review your document if they did not draft it. An easier approach might be through attorney services at Rocket Lawyer. By signing up for a Premium membership, you can ask for advice from an attorney with experience in real estate matters or get answers to additional legal questions related to your HI Eviction Notice. We're always here to support you.
When you've completed a Hawaii Eviction Notice with Rocket Lawyer, you can see it anytime. You should feel free to interact with the document by editing it, saving it as a Word or PDF document, making a copy of it, or printing it. You will need to sign and date the notice before it is served on the tenant(s). You have several options for serving a notice:
Please remember that "self-help" evictions are not legal in Hawaii. Property owners must not throw out personal property, turn off utilities and services, change locks, or in any way threaten tenants to force them out. Acting lawfully leading up to and throughout the eviction proceedings is critical to removing tenants successfully with an official judgment from the court.