Hawaii eviction notice and late fee rules
What Hawaii law says about eviction notices, paying to stop an eviction, lockouts, retaliation and rent late fees. Every statement is followed by the statute or official text it comes from.
- Notice for unpaid rent
- 10 days — Under the version effective February 5, 2026, the landlord may demand rent in writing and state that unless paid within a time not less than ten calendar days after receipt, the rental agreement will be terminated.
- Ending a month-to-month tenancy
- A landlord may terminate a month-to-month tenancy with written notice at least forty-five days before the anticipated termination.
- Late-fee limit
- Where the rental agreement provides for a late charge, it may not exceed eight per cent of the amount of rent due.
- Grace period before a late fee
- None found in the statutes we read
Notice for unpaid rent
Under the version effective February 5, 2026, the landlord may demand rent in writing and state that unless paid within a time not less than ten calendar days after receipt, the rental agreement will be terminated.
“A landlord or the landlord's agent, any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than ten calendar days after receipt thereof, the rental agreement will be terminated.”
Haw. Rev. Stat. § 521-68(a) (version effective Feb. 5, 2026)
The prior version, effective until February 4, 2026, required a notice period of not less than five business days after receipt.
“notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than five business days after receipt thereof, the rental agreement will be terminated.”
Haw. Rev. Stat. § 521-68(a) (version effective until Feb. 4, 2026)
The landlord must send the ten-calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters.
“A landlord or the landlord's agent shall provide the ten-calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters.”
Haw. Rev. Stat. § 521-68(c) (version effective Feb. 5, 2026)
If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates, the landlord may file for summary possession only after twenty calendar days from the tenant's receipt of the notice, unless the tenant fails to appear or cancels.
“If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice, unless the tenant fails to appear at mediation or cancels the mediation.”
Haw. Rev. Stat. § 521-68(c) (version effective Feb. 5, 2026)
Notice for other lease violations
For material noncompliance with § 521-51, the landlord must give written notice and allow not less than ten days after receipt for the tenant to remedy before terminating.
“after notifying the tenant in writing of the noncompliance and allowing a specified time not less than ten days after receipt of the notice, for the tenant to remedy the noncompliance:”
Haw. Rev. Stat. § 521-69(a)
Ending a month-to-month or other periodic tenancy
A landlord may terminate a month-to-month tenancy with written notice at least forty-five days before the anticipated termination.
“When the tenancy is month-to-month, the landlord may terminate the rental agreement by notifying the tenant, in writing, at least forty-five days in advance of the anticipated termination.”
Haw. Rev. Stat. § 521-71(a)
A tenant may terminate a month-to-month tenancy with written notice at least twenty-eight days before the anticipated termination.
“When the tenancy is month-to-month the tenant may terminate the rental agreement by notifying the landlord, in writing, at least twenty-eight days in advance of the anticipated termination.”
Haw. Rev. Stat. § 521-71(b)
For a tenancy shorter than month-to-month, either party may terminate by notifying the other at least ten days before the anticipated termination.
“the landlord or the tenant may terminate the rental agreement by notifying the other at least ten days before the anticipated termination.”
Haw. Rev. Stat. § 521-71(d)
Before terminating a month-to-month tenancy for contemplated demolition, condominium conversion, or conversion to transient vacation rentals, the landlord must give at least one hundred twenty days' notice.
“the landlord shall provide notice to the tenant at least one hundred twenty days in advance of the anticipated demolition or anticipated termination.”
Haw. Rev. Stat. § 521-71(c)
Lockouts and utility shutoffs
If the landlord removes or excludes the tenant overnight without cause or court order, the tenant may recover possession or terminate and recover two months' rent or free occupancy for two months, plus costs and reasonable attorney's fees.
“If the landlord removes or excludes the tenant from the premises overnight without cause or without court order so authorizing, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to two months rent or free occupancy for two months, and the cost of suit, including reasonable attorney's fees.”
Haw. Rev. Stat. § 521-63(c)
Retaliation
So long as the tenant keeps tendering the usual rent, the landlord may not bring a possession action, force the tenant out, raise rent, or decrease services after the tenant actions listed in the statute.
“so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld, no action or proceeding to recover possession of the dwelling unit may be maintained against the tenant, nor shall the landlord otherwise cause the tenant to quit the dwelling unit involuntarily, nor demand an increase in rent from the tenant; nor decrease the services to which the tenant has been entitled, after:”
Haw. Rev. Stat. § 521-74(a)
What the notice must say and how it is delivered
The nonpayment notice may be posted in a conspicuous place on the dwelling unit and is deemed received on the date of posting.
“Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of the posting.”
Haw. Rev. Stat. § 521-68(a) (version effective Feb. 5, 2026)
A notice mailed by the U.S. Postal Service, properly addressed and stamped, is deemed received two business days after the postmark date (subject to the statute's exception).
“If the notice is mailed to the tenant by United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark,”
Haw. Rev. Stat. § 521-68(a) (version effective Feb. 5, 2026)
Late fees and grace periods
Where the rental agreement provides for a late charge, it may not exceed eight per cent of the amount of rent due.
“Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due.”
Haw. Rev. Stat. § 521-21(f)
If you have received a notice
- Write down the date you received it and how it was delivered.
- Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Hawaii rules above.
- Keep paying what you can document; ask for receipts.
- If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.
Check another situation with the eviction notice checker or the late fee checker.
Common questions
How much notice does a landlord in Hawaii have to give for unpaid rent?
Under the version effective February 5, 2026, the landlord may demand rent in writing and state that unless paid within a time not less than ten calendar days after receipt, the rental agreement will be terminated. (Haw. Rev. Stat. § 521-68(a) (version effective Feb. 5, 2026)).
How much notice is needed to end a month-to-month tenancy in Hawaii?
A landlord may terminate a month-to-month tenancy with written notice at least forty-five days before the anticipated termination. (Haw. Rev. Stat. § 521-71(a)).
Is there a limit on rent late fees in Hawaii?
Where the rental agreement provides for a late charge, it may not exceed eight per cent of the amount of rent due. (Haw. Rev. Stat. § 521-21(f)).
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Every legal statement above is taken from these official texts, read on 2026-10-02.
This page is general information, not legal advice, and using it does not create an attorney-client relationship. Main AI is not a law firm. Laws change and have exceptions; the linked official text controls. For advice about your situation, contact a licensed attorney or a legal-aid office in your state.