The 10-Day Notice to Cure in Hawaii: Evicting Tenants for Lease Violations

Managing rental properties in Hawaii can be a highly lucrative investment, but it also comes with the stress of dealing with difficult tenants. While evicting someone for unpaid rent requires a 10-calendar-day notice and pre-litigation mediation under Haw. Rev. Stat. § 521-68, evicting a tenant who continuously breaks the actual rules of the lease involves a completely different legal process. Whether a tenant is sneaking in unauthorized pets, running a loud business from the apartment, or secretly renting out the spare bedroom to tourists, landlords must take swift and legally compliant action.

Under the Hawaii Residential Landlord-Tenant Code, you cannot simply change the locks or throw a rule-breaking tenant's belongings onto the street. You must formally serve a 10-Day Notice to Cure. This crucial document gives the tenant a final chance to fix their behavior. If you are struggling with a tenant who refuses to follow the rules, utilizing our US Lawyers Directory to hire a skilled local eviction attorney is the best way to regain control of your property without violating the law.

Step-by-Step Process for a 10-Day Eviction Notice

Evicting a tenant for a lease breach in cities like Kailua-Kona, Kihei, or Ewa Beach requires strict adherence to court procedures. A single mistake on the paperwork can force you to start the entire process over.

Step 1: Identify the Exact Lease Violation

Before doing anything, you must carefully read your written rental agreement. You can only enforce rules that are clearly outlined in the signed lease. Pinpoint the exact paragraph or clause the tenant is violating. For example, if you want to evict for an unauthorized dog, you must verify that you explicitly have a "no pets" clause in the contract.

Step 2: Draft and Serve the 10-Day Notice

Under Haw. Rev. Stat. § 521-72, you must provide the tenant with a written notice specifying the exact breach. The notice must clearly state that the tenant has exactly 10 days to "cure" (fix) the problem, or the rental agreement will be terminated. The notice must be properly served-ideally handed directly to the tenant or posted conspicuously on the door and mailed.

Step 3: Wait for the Cure Period to Expire

You must give the tenant the full 10 days to resolve the issue. If they remove the unauthorized dog or kick out the secret roommate on day 9, the lease continues normally. You cannot evict them if they successfully cure the breach within the legal timeframe.

Step 4: File for Summary Possession

If day 11 arrives and the tenant is still violating the lease, your attorney will file Form 1DC08, Hawaii, District Court, Complaint (Assumpsit, Summary Possession/Landlord-Tenant, Damages). If your property is on Oahu, you will file this at the First Circuit District Court, Honolulu. A judge will schedule a hearing where you will present your evidence of the breach, and if successful, the court will issue a Writ of Possession to have the sheriff remove the tenant.

Unauthorized Long-Term Guests

One of the most common lease violations in Hawaii is the "endless guest." A tenant might invite a friend or family member to stay for a weekend, and three months later, that guest is still living on your couch. This causes massive wear and tear on the property and spikes utility bills. Your lease should clearly define how many consecutive days a guest can stay. If the tenant exceeds this limit, you must serve the 10-Day Notice demanding the unauthorized occupant leave immediately.

Secret Subleasing (Airbnb and VRBO)

Because of Hawaii's booming tourism industry, many long-term tenants attempt to secretly list their apartments on short-term rental platforms like Airbnb or VRBO to make a massive profit. Not only does this violate standard residential leases, but it also frequently violates strict county zoning ordinances, which can result in the landlord facing thousands of dollars in government fines. If you discover a secret sublease, act immediately with a 10-Day Notice to stop the illegal commercial activity.

Chronic Noise Complaints

In densely populated condo buildings in Honolulu or Waikiki, a single tenant throwing wild parties or playing blasting music can trigger complaints from multiple neighbors. The lease typically contains a "quiet enjoyment" clause for the benefit of the community. If a tenant repeatedly disturbs the peace, serving a 10-Day Notice to stop the noise is required. Documenting police visits or written complaints from the condo association will be vital evidence if you go to court.

Unauthorized Alterations to the Property

Tenants sometimes decide to "improve" your property without asking. Whether they painted the living room neon pink, tore out the carpeting, or installed an unapproved heavy window AC unit that damages the frame, these unauthorized alterations are clear lease breaches. The 10-Day Notice will require the tenant to restore the property to its original condition within the timeframe or face eviction.

Curable vs. Non-Curable Breaches

It is important to note that the 10-Day Notice is for "curable" breaches-problems the tenant can actually fix. However, if the tenant commits a severe, "non-curable" breach, the rules change. Under Haw. Rev. Stat. § 521-69, if a tenant intentionally causes massive, malicious damage to the property, or threatens violence against you or other neighbors, the landlord does not have to give them a chance to fix it. You can terminate the lease immediately and proceed straight to filing for an eviction.

How Much Does it Cost in Hawaii?

Handling an eviction for a lease violation involves several mandatory court and legal fees.

How Long Does the Process Take?

After the mandatory 10-day waiting period expires, your lawyer will file the complaint. The court usually schedules the initial hearing within 10 to 15 days of filing. If the tenant does not show up, the judge will grant a default judgment, and the sheriff could remove them in a matter of days. However, if the tenant hires a lawyer and contests the breach in a venue like the Third Circuit District Court, Hilo, a full trial will be scheduled, which can extend the entire process to 4 to 8 weeks.

Frequently Asked Questions (FAQ)