5-Business Day Notice for Landlords in Hawaiʻi

(HRS § 521-68 – Rent Demand Notice)

A 5-Business 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 is brief, it must be drafted and served with precision. A small error—an incorrect rent amount, miscalculated deadline, or missing 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 5-Business Day Notice is not simply a form; it is the document that preserves the landlord’s ability to recover possession when rent goes unpaid.

Purpose of the 5-Business Day Notice

The notice advises the tenant that rent is delinquent and provides a final opportunity to cure before the landlord may terminate the rental agreement. If payment is not made within the required period, the landlord may proceed toward eviction—but only if the notice satisfies Hawaiʻi’s statutory requirements.

Common issues arise when landlords attempt to prepare notices on their own. Errors in the rent ledger, time computation, or service method frequently surface later in court. Because the notice forms the legal foundation for a nonpayment case, any defect can undermine an otherwise valid action.

Why These Notices Are Often Challenged

In Honolulu summary possession proceedings, tenants regularly contest whether the notice was:

• Served correctly
• Calculated using true business days
• Drafted with accurate rent amounts
• Delivered to the proper address
• Worded in compliance with HRS § 521-68
• Impacted by partial payments or inconsistent communications

Courts evaluate these arguments closely. Even when nonpayment is clear, a flawed notice can extend the case by weeks or months. Effective eviction representation often depends on ensuring the rent-demand notice will withstand judicial review.

Why Legal Assistance Matters Before Service

A rent-demand notice is the single most important document in a nonpayment eviction or summary possession case. Many landlords only discover problems after filing—when it is too late to correct them without restarting the case. Experienced legal review at the outset protects the landlord’s position and reduces procedural risk.

A compliant 5-Business Day Notice should:

• State rent and charges clearly and accurately
• Calculate the deadline using correct rules
• Satisfy all requirements of HRS § 521-68
• Avoid language that creates unintended defenses
• Preserve the landlord’s ability to file without delay

Legal guidance ensures the notice supports—rather than jeopardizes—the landlord’s eviction timeline.

How This Office Assists Oʻahu Landlords

Jonathan Kam, a Honolulu landlord attorney, represents property owners in rent-demand and eviction matters throughout Oʻahu and Hawai’i. Assistance with 5-Business Day Notices includes:

• Reviewing rental agreements and payment histories
• Preparing notices tailored to the facts and compliant with statute
• Advising on timing, service, and documentation
• Identifying risks involving partial payments or waiver
• Positioning the landlord for a smooth transition to summary possession, when appropriate

The goal is to help landlords act promptly while minimizing exposure to procedural challenges.

Hawaiʻi-Specific Knowledge Matters

Landlord-tenant law in Hawaiʻi differs significantly from mainland jurisdictions, and Honolulu District Court practices shape how rent-demand notices are evaluated. Local experience matters—particularly when the notice becomes the focal point of litigation.

For landlords facing unpaid rent, a properly prepared 5-Business Day 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 anywhere on Oʻahu and need assistance preparing a 5-Business Day Notice or evaluating your options after missed rent, our office can help you take the correct next steps.