Eviction Notice Template Hawaii

NOTICE OF TERMINATION OF TENANCY AND DEMAND FOR POSSESSION (HAWAII)

1. DOCUMENT PREAMBLE AND RECITALS

This NOTICE OF TERMINATION OF TENANCY AND DEMAND FOR POSSESSION (this “Notice”) is issued effective as of [Date] (the “Effective Date”) by [Landlord Name] (“Landlord”), with a notice address of [Landlord Address], to [Tenant Name] (“Tenant”), concerning the residential real property located at [Property Address, City, State, Zip Code] (the “Premises”).

RECITALS: WHEREAS, Landlord and Tenant entered into that certain Residential Lease Agreement dated [Original Lease Date] (the “Lease”) for the occupancy of the Premises; WHEREAS, Tenant has breached the Lease and/or applicable Hawaii law pursuant to Hawaii Revised Statutes (HRS) Chapter 521, as detailed herein; NOW, THEREFORE, Landlord hereby provides formal notice of termination of the tenancy and demands surrender of the Premises as set forth below.

2. OPERATIONAL DEFINITIONS

1. “Breach” shall mean any failure by Tenant to perform, observe, or comply with any covenant, condition, or obligation under the Lease or HRS § 521-71 or § 521-72.
2. “Cure Period” shall mean the legally mandated duration, commencing upon the date of delivery of this Notice, during which Tenant may rectify a curable breach to avoid legal proceedings.
3. “Governing Law” shall mean the Residential Landlord-Tenant Code, Hawaii Revised Statutes Chapter 521, as amended.
4. “Possession” shall mean the absolute and exclusive physical control of the Premises by the Tenant, which must be surrendered to the Landlord upon expiration of the notice period.
5. “Rent” shall mean all monetary obligations owed under the Lease, including base rent, late fees, and utilities, if applicable.

3. SUBSTANTIVE TERMS AND OBLIGATIONS

1. Nature of Default: Tenant is in default of the Lease for the following reason(s): [Select: Non-payment of Rent / Material Non-Compliance / Holdover].
2. Specific Allegation: Tenant has failed to [Describe specific breach, e.g., pay rent for the month of X / cease unauthorized subletting]. The amount currently past due is $[Dollar Amount].
3. Duty to Vacate: Tenant is hereby ordered to vacate and surrender the Premises in a clean and broom-swept condition, free of personal property, no later than [Date] (the “Vacate Date”).
4. Representations: Landlord represents that this Notice complies with the notice periods required under HRS § 521-71, providing at least [Number] days’ notice as required by statute for the specific breach alleged.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Cure Period: If this breach is curable under HRS § 521-72, Tenant shall have [30] business days from the date of receipt of this Notice to remedy the default. Failure to cure within this timeframe renders this Notice final.
2. Termination: Upon expiration of the Vacate Date, the Lease shall terminate automatically, and Tenant’s continued presence shall constitute an unlawful detainer.
3. Remedies: In the event Tenant fails to vacate, Landlord reserves the right to initiate Summary Possession proceedings in the [Name of Court, e.g., District Court of the First Circuit], State of Hawaii. Tenant shall be liable for all costs of suit, including reasonable attorney’s fees, court costs, and daily damages (holdover rent) as permitted by law.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Notice is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
2. Entire Agreement: This Notice constitutes the entire agreement regarding the termination of the Lease and supersedes all prior or contemporaneous communications.
3. Force Majeure: No party shall be liable for failure to perform due to acts of God, civil unrest, or government-mandated emergency orders, except for the underlying obligation to pay Rent.
4. Governing Law: This Notice shall be governed by, and construed in accordance with, the laws of the State of Hawaii.
5. Dispute Resolution: Any disputes arising from this Notice shall be resolved exclusively through the courts of the State of Hawaii, [County Name]. The prevailing party shall be entitled to recover costs and reasonable attorney fees.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Landlord has executed this Notice as of the Effective Date.

LANDLORD:

Signature: ___________________________ Print Name: [Landlord Name] Title: [Owner/Property Manager] Date: [Date]

ACKNOWLEDGMENT OF RECEIPT (TENANT):

(Optional: Receipt by Tenant does not constitute an admission of fault but confirms delivery of notice.)

Signature: ___________________________ Print Name: [Tenant Name] Date: [Date]