Hawaii Notice To Vacate Full Version Free Download 2024
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Developer’s Description:
Features:
Content Requirements:
- Reason for Termination: The NTV must clearly state the reason for eviction. Common reasons include lease expiration, breach of lease agreement, non-payment of rent, or “no cause” evictions (with proper notice period).
- Statutory Language: Hawaii law mandates specific wording regarding the tenant’s right to cure a breach (if applicable) and their right to contest the eviction in court.
- Compliance with Notice Period: The NTV must provide the legally required notice period for the tenant to vacate. This varies depending on the reason for eviction, ranging from 45 days (month-to-month lease) to 90 days (non-military long-term lease).
Delivery Requirements:
- Method of Delivery: The NTV can be delivered personally to the tenant, by certified mail with return receipt requested, or by posting on the tenant’s door with a copy sent by certified mail.
Additional Considerations:
- Multiple Tenants: If there are multiple tenants on the lease, all adult tenants must receive a copy of the NTV.
- Language Accessibility: Landlords are encouraged to provide the NTV in languages understood by their tenants whenever possible.
How to Evict a Tenant in Hawaii:
Step 1: Landlord Provides Written Notice
A landlord may choose to serve a late rent notice to their tenant in order to rectify the violation of the rental agreement before the eviction procedure starts. The landlord could have to evict their tenant(s) if this doesn’t work.
Tenants must get the appropriate kind of eviction notice from their landlords. If the renter and landlord decide at this point that the tenant will be leaving, they can forego the remaining procedures and use a letter terminating the lease.
Step 2: Landlord Files Complaint
The landlord may file a summons and complaint with the district court in their county if the tenant disregards the eviction notice or does not make corrections to the violation. The landlord must enclose a copy of the lease and the eviction notice that they served the tenant, and there is a filing fee of $155.00.
Step 3: The Summons and Complaint Are Served
A Hawaii-licensed process server is required to deliver the complaint and summons to the tenant. After receiving the summons, the renter has five days to reply.
Step 4: Writ of Possession Issued
The renter is served with a “writ of possession” by the court if they do not reply. This gives the landlord the right to have the renter and their belongings removed from the premises by a police officer.