Immediate Notice to Vacate and Termination of Tenancy in Hawaiʻi

(Danger to Persons or Property – No Cure Period)

Immediate termination of a tenancy is one of the most serious remedies available to landlords in Hawaiʻi. Under very limited circumstances, a landlord may issue a notice requiring a tenant to vacate without providing any cure period. These situations typically involve conduct that endangers the health or safety of others, threatens property, or constitutes severe noncompliance under Hawaiʻi landlord-tenant law.

Because immediate termination bypasses the standard cure periods required for most violations, courts analyze these notices with strict attention to detail. For Honolulu landlords, preparing and serving an immediate notice incorrectly can expose the landlord to delay, procedural challenges, or claims of improper eviction. Proper legal guidance is essential when safety, danger, or substantial damage is involved.

When Immediate Termination May Be Available

Under HRS § 521-72(a), a landlord is NOT always required to offer a cure period when a tenant’s conduct involves:

• Imminent or actual danger to persons or property, or
• Violations of tenant duties that fall under HRS § 521-69 and HRS § 521-51, including:
  • Causing or threatening to cause damage
  • Engaging in conduct that endangers others
  • Creating unsafe or hazardous conditions
  • Serious misuse of the property
  • Conduct that exceeds typical lease violations

These situations go beyond ordinary noncompliance. They typically involve behavior that places others at risk or causes substantial harm to the property.

However, the landlord must still follow specific statutory procedures. Immediate termination still does NOT permit self-help actions such as changing locks or removing the tenant’s belongings. The notice must be prepared correctly, served correctly, and supported by evidence if the matter proceeds to summary possession.

Why Immediate Notices Are Highly Scrutinized

Because these notices involve no cure period, tenants often challenge:

• Whether the conduct truly created danger under the law
• Whether the landlord exaggerated or mischaracterized the threat
• Whether the notice described the events with sufficient detail
• Whether the landlord acted consistently with the lease and statute
• Whether retaliation or misunderstanding played a role
• Whether the landlord’s documentation supports immediate termination

Courts expect specificity, clarity, and accuracy. An incomplete or ambiguous notice may undermine the landlord’s case or delay the ability to regain possession.

Legal Guidance Is Critical Before Taking Action

Immediate termination is not routine. It requires:

• Determining whether the conduct qualifies under HRS § 521-72
• Reviewing the facts under HRS § 521-69 and HRS § 521-51 and/or HRS 521-52
• Drafting a notice that is precise, factual, and statutorily compliant
• Ensuring service is carried out in a manner consistent with Hawaiʻi law
• Preparing for the possibility of litigation if the tenant contests the notice

Because these cases frequently involve safety concerns, harassment, significant damage, or threats, they move quickly and require careful handling. A mistaken approach can limit the landlord’s ability to act or create unintended defenses for the tenant.

How This Office Assists with Immediate Termination Matters

Jonathan Kam, a Honolulu landlord attorney, represents landlords and property owners across Oʻahu and Hawai’i in severe noncompliance and immediate-termination cases. Assistance commonly includes:

• Evaluating whether immediate termination is legally justified
• Reviewing evidence and documenting the tenant’s conduct
• Preparing a compliant immediate notice tailored to the situation
• Advising the landlord on timing, service, and communication
• Initiating summary possession when necessary
• Navigating safety issues and coordinating with appropriate authorities when warranted

The goal is to protect the landlord, ensure compliance with Hawaiʻi law, and avoid procedural missteps that may delay recovery of possession.

Hawaiʻi-Specific Experience Matters

Immediate termination cases require sensitivity, discretion, and strict legal compliance. Honolulu and Hawai’i District Court expects landlords to distinguish serious threats from routine disputes, and the court analyzes these matters within the framework of HRS § 521-72, HRS § 521-69, and the tenant’s statutory duties.

Local experience is matters and is essential—particularly when the landlord must act quickly while preserving all legal rights.

If You Need Guidance

If you believe a tenant’s conduct presents danger or requires Immediate Notice to Vacate, our office can evaluate the situation and help you take the next lawful steps to protect your property and others on site.