Haw. Rev. Stat. § 521 § 521-71
Termination of tenancy; landlord's remedies for holdover tenants.
Operative Text
(a) 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. When the landlord provides notification of termination, the tenant may vacate at any time within the last forty-five days of the period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation. (b) 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. When the tenant provides notice of termination, the tenant shall be responsible for the payment of rent through the twenty-eighth day. (c) Before a landlord terminates a month-to-month tenancy where the landlord contemplates voluntary demolition of the dwelling units, conversion to a condominium property regime under chapter 514B, or changing the use of the building to transient vacation rentals, the landlord shall provide notice to the tenant at least one hundred twenty days in advance of the anticipated demolition or anticipated termination. If notice is revoked or amended and reissued, the notice period shall begin from the date it was reissued or amended. Any notice provided, revoked, or amended and reissued shall be in writing. When the landlord provides notification of termination pursuant to this subsection, the tenant may vacate at any time within the one-hundred-twenty-day period between the notification and the termination date, but the tenant shall notify the landlord of the date the tenant will vacate the dwelling unit and shall pay a prorated rent for that period of occupation. (d) When the tenancy is less than month-to-month, the landlord or the tenant may terminate the rental agreement by notifying the other at least ten days before the anticipated termination. (e) Whenever the term of the rental agreement expires, whether by passage of time, by mutual agreement, by the giving of notice as provided in subsection (a), (b), (c), or (d) or by the exercise by the landlord of a right to terminate given under this chapter, if the tenant continues in possession after the date of termination without the landlord's consent, the tenant may be liable to the landlord for a sum not to exceed twice the monthly rent under the previous rental agreement, computed and prorated on a daily basis, for each day the tenant remains in possession. The landlord may bring a summary proceeding for recovery of the possession of the dwelling unit at any time during the first sixty days of holdover. Should the landlord fail to commence summary possession proceedings within the first sixty days of the holdover, in the absence of a rental agreement, a month-to-month tenancy at the monthly rent stipulated in the previous rental agreement shall prevail beginning at the end of the first sixty days of holdover. (f) Any notice of termination initiated for the purposes of evading the obligations of the landlord under subsections 521-21(d) or (e) shall be void. [L 1972, c 132, pt of §1; am L 1975, c 104, §3; am L 1978, c 124, §2; am L 1979, c 95, §1; am L 1980, c 189, §4; am L 1982, c 211, §2; am L 1985, c 164, §5; gen ch 1985; am L 1987, c 29, §1; am L 1988, c 65, §2 and c 307, §4; am L 1989, c 169, §2; am L 1990, c 57, §2; am L 1991, c 194, §1; am L 1995, c 41, §1; am L 1996, c 221, §1; am L 2004, c 164, §25; am L 2008, c 28, §19; am L 2017, c 181, §39]
Hawaii Revised Statutes § 521-71 establishes the notice periods required to end different types of tenancies. For month-to-month arrangements, landlords must give at least 45 days' written notice, while tenants need only give 28 days' written notice; special situations like planned demolition, condo conversion, or conversion to vacation rentals require the landlord to give at least 120 days' notice. Tenancies shorter than month-to-month require at least 10 days' notice from either party. If a tenant remains in the unit after the termination date without the landlord's consent, the tenant may owe up to twice the daily prorated monthly rent for each holdover day, and the landlord has 60 days to pursue a summary possession proceeding before a month-to-month tenancy is deemed to have resumed.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 521-71, compliant operators generally deliver written termination notices that meet or exceed the statutory minimums — 45 days for standard month-to-month tenancies and 120 days when the property will be demolished, converted to condominiums, or converted to transient vacation rentals. Operators also track the 60-day window after a holdover begins, since failing to initiate summary possession proceedings within that period can result in an unintended month-to-month tenancy being established at the prior rent. Notices that appear designed to evade landlord obligations under § 521-21(d) or (e) are void under this statute, so the purpose and timing of any notice should be consistent with lawful grounds for termination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 521-71 gives month-to-month tenants the right to receive at least 45 days' written notice before a landlord can terminate the tenancy, and at least 120 days' notice when the landlord plans to demolish the building, convert it to condominiums, or shift it to vacation rentals. Tenants who receive a termination notice may vacate at any point during the notice period by notifying the landlord of their move-out date and paying prorated rent only through that date. Tenants who believe a notice was issued to evade the landlord's legal obligations under § 521-21(d) or (e) — which would render the notice void — may wish to consult a tenant-rights organization or legal aid provider to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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