10-Day Notice for Landlords in Hawaiʻi (Updated Law)

HRS §521-68 governs rent demand notices and eviction procedures for nonpayment of rent in Hawaiʻi. The statute was recently amended, replacing the former 5-business-day notice with a 10-calendar-day notice and introducing a pre-litigation mediation requirement.

(HRS § 521-68 – Rent Demand Notice):

A 10-Calendar-Day Notice is the statutory rent-demand notice required before a landlord in Hawaiʻi may pursue summary possession for nonpayment of rent. Although the notice itself is brief, it must be drafted and served precisely.

A small error—an incorrect rent amount, miscalculated deadline, failure to provide the required mediation notice, or omission of a statutory element—can result in delay, dismissal, or the need to restart the eviction process entirely.

For Honolulu landlords, accuracy at this stage is essential. District Court judges apply HRS §521-68 strictly, and a defective rent-demand notice often becomes the cornerstone of a tenant’s defense. A compliant 10-Calendar-Day Notice is not simply a form; it is the document that preserves the landlord’s ability to recover possession when rent goes unpaid and to proceed through the required pre-litigation mediation process.

Purpose of the 10-Calendar-Day Notice

Under Hawaiʻi law, a landlord must provide written notice and an opportunity to cure before filing an eviction for nonpayment of rent.

As of February 5, 2026, Hawaiʻi law requires landlords to provide a 10-calendar-day written notice before terminating a rental agreement for unpaid rent. If the tenant does not pay the rent within the required period, the landlord may proceed with a summary possession (eviction) action in court.

The notice is the legal foundation of a nonpayment eviction case. Errors in the rent ledger, calculation of the notice period, or the contents of the notice itself can undermine an otherwise valid claim. Because courts closely review statutory notice requirements, accuracy at this stage is critical.

Mediation Requirement for Nonpayment Evictions (Updated Law)

The updated statute also introduces a pre-litigation mediation process designed to encourage resolution before an eviction case is filed.

Under HRS §521-68, landlords must now:

• Serve the tenant with a 10-calendar-day written notice
• Provide a copy of the notice to a state-funded landlord-tenant mediation center
• Inform the tenant that mediation may be scheduled to address the nonpayment of rent.

If mediation is not scheduled within 10 calendar days after the tenant receives the notice, the landlord may proceed with filing an eviction once the notice period expires.

If mediation is scheduled within that period, the landlord generally must wait 20 calendar days from the tenant’s receipt of the notice before filing a summary possession action unless the tenant cancels or fails to attend the mediation.

Why These Notices Are Often Challenged

In Honolulu summary possession proceedings, tenants frequently challenge whether the landlord properly complied with the statutory notice requirements.

Common issues raised include whether the notice was:

• Served or posted correctly
• Mailed with proper timing under the statute
• Calculated using the correct 10-calendar-day period
• Drafted with accurate rent amounts
• Delivered to the correct address
• Provided to the required state-funded mediation center
• Worded consistently with HRS §521-68

Even when nonpayment of rent is clear, procedural defects in the notice can delay an eviction case or require the landlord to restart the process.

Why Legal Assistance Matters Before Service

A rent demand notice is one of the most important documents in a nonpayment eviction case.

Many landlords draft notices themselves and only seek legal assistance after litigation has begun. By that stage, defects in the notice may already have complicated the case.

A properly prepared 10-Calendar-Day Notice to Pay Rent should:

• State rent owed clearly and accurately
• Apply all payments from all sources correctly
• Comply with the detailed requirements of HRS §521-68
• Include the required mediation disclosures
• Avoid language that creates unintended defenses
• Preserve the landlord’s ability to file a summary possession action without delay

Careful preparation at the notice stage can significantly reduce procedural challenges later in court.

How This Office Assists Oʻahu Landlords

Jonathan Kam, a Honolulu landlord-tenant attorney, represents property owners in rent demand and eviction matters throughout Oʻahu and Hawaiʻi.

Assistance with rent notices and nonpayment cases includes:

• Reviewing rental agreements and rent ledgers
• Preparing statutorily compliant 10-Calendar-Day Notices
• Advising on mediation requirements under HRS §521-68
• Coordinating notice service and documentation
• Evaluating risks related to partial payments or waiver
• Preparing eviction filings when mediation requirements are satisfied

The goal is to help landlords proceed properly while minimizing exposure to procedural challenges.

Hawaiʻi-Specific Knowledge Matters

Landlord-tenant law in Hawaiʻi differs significantly from mainland jurisdictions. The procedures used in Honolulu District Court can also shape how notice and mediation requirements are interpreted.

Local experience is particularly important now that Hawaiʻi’s law requires pre-litigation mediation procedures for nonpayment cases.

For landlords facing unpaid rent, properly preparing the statutory notice can determine whether possession is recovered quickly or delayed by avoidable errors.

If You Need Guidance

If you are a landlord in Honolulu or elsewhere on Oʻahu and need assistance preparing a 10-Calendar-Day Notice to Pay Rent or evaluating your options after a tenant has fallen behind, our office can help you take the appropriate next steps.

Statutory Authority: HRS 521-68 (Revised)

The procedures described above are governed by Hawaiʻi Revised Statutes §521-68, which regulates nonpayment of rent notices and the pre-litigation mediation process for residential landlord-tenant disputes.

Effective February 5, 2026, the statute requires:

• A 10-calendar-day written notice before terminating a rental agreement for nonpayment of rent
• Delivery of the notice to the tenant and a state-funded mediation center
• An opportunity for pre-litigation mediation between landlord and tenant
• Specific timing rules governing when a landlord may file a summary possession (eviction) action

Landlords must ensure strict compliance with these requirements before filing an eviction for nonpayment of rent.

Statutory Reference:
HRS §521-68 — Landlord’s remedies for failure by tenant to pay rent; pre-litigation mediation.