Frequently Asked Questions
“Which notice to vacate should I give my tenant?”
One of the frequently asked questions Maui Bad Tenant receives from landlords is: “Which notice to vacate should I give my tenant?” There are several answers, depending on the situation, but this is an easy one to answer and pretty straightforward!
A notice to vacate, also called a termination notice, informs the tenant that they must leave the rental property by a certain date. In this entry, we’ll be discussing the most commonly used vacate notices in Hawaii which are: 5-Day or Pay or Quit, 45-Day, 90-Day and 10-Day Failure to Cure. The type of notice you use will depend on the conditions of the rental agreement.
Here is a quick and easy guide to the different types of termination notices for rentals in Hawaii:
5-Day Notice (also known as Pay or Quit)
Use it when: tenant is late on payments and owes you money.
This notice informs the tenant that they have 5 days to either pay their back rent or vacate the premises.
Use it when: tenant is on a month-to-month lease
If you have a month-to-month agreement with your tenant, a 45-day notice is required. The tenant must be notified, in writing, no less than 45 days from the date they are to vacate your property.
Use it when: tenant is under lease from previous landlords
Tenants who are under the lease of a previous owner required a 90-day advance notice to vacate.
Example: if you purchased a home that was being rented out to tenants who entered a lease under the previous owners before you took ownership of the property, you must give them 90 days advance notice if you want them to vacate.
10-Day Failure to Cure
Use it when: tenant is violating conditions of the lease
This notice is used when a tenant is violating the conditions of a lease. The notice lets the tenant know that they have 10 days to comply with the lease provisions or vacate. If the behavior is not corrected or “cured” within 10 days, they must vacate.
Example: If a tenant were to bring a pet to the rental property and the lease specifically prohibits pets, a 10-Day notice can be filed. The same goes for any type of tenant behavior that is a direct violation of any conditions in the lease.
* Please remember that Maui Bad Tenant is not an attorney and as such is unable to give legal advice. This Q&A information is not, and should not be taken, as legal advice. Always consult with an attorney to verify information before acting on it.
If you still have questions, let us know, we’d be glad to help clarify information about termination notices and when and how to use them.