Hawaii Notice Requirements to Terminate a Month-to-Month Tenancy

Hawaii landlords must give more notice than tenants to end a month-to-month rental agreement.

By , Legal Editor
Updated by Ann O’Connell, Attorney · UC Berkeley School of Law

It is easy for landlords and tenants to end a month-to-month tenancy in Hawaii. (The situation is more complicated when it comes to breaking a fixed-term lease.)

Notice Requirements for Hawaii Landlords

In most situations your landlord doesn't need to give you a reason as to why they're ending your month-to-month tenancy (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you 45 days as required by Hawaii law and specifying the date on which your tenancy will end.

If you plan to move out before the 45 days is up, tell your landlord your anticipated exit date—under Hawaii law, you only have to pay for the days that you actually remain in the rental. If you don't tell the landlord you're moving out sooner, you're on the hook for paying rent for the full 45 days. (Haw. Rev. Stat. § 521-72(a) (2024).)

Your landlord may legally provide less notice in specific circumstances—for example, if you have not paid rent, if you have violated other terms of your rental agreement (for example, bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property).

Notice Requirements for Hawaii Tenants

It is equally easy for tenants in Hawaii to get out of a month-to-month rental agreement. You must provide 28 days' notice (less notice than landlords must provide). You are responsible for paying the full 28 days' worth of rent, even if you leave sooner. Be sure to check your rental agreement to see if it requires you to give notice on the first of the month or on another specific date. (Haw. Rev. Stat. § 521-72(b) (2024).)

In some situations, you might be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety or if you are a tenant experiencing domestic violence.

Hawaii State Law and Resources on Terminating a Month-to-Month Tenancy

For more details on Hawaii law, check out Overview of Landlord-Tenant Laws in Hawaii.

Read Hawaii's state statutes for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice.

The Handbook for the Hawaii Residential Landlord-Tenant Code, published by the Office of Consumer Protection, also contains useful information on how month-to-month tenancies end.

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