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

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 does not need to give you a reason (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.

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). Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.

In some situations, you may 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.

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

Check Hawaii state law (Haw. Rev. Stat. §§ 521-71, 521-21(d)) 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. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.

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