10-Day Lease Violation Notice for Landlords in Hawaiʻi

(HRS § 521-72 – Lease Violation Notice)

A 10-Day Lease Violation Notice is the statutory notice landlords in Hawaiʻi use when a tenant violates a material term of the rental agreement or fails to comply with duties imposed under Hawaiʻi landlord-tenant law. While the notice appears straightforward, its legal impact is significant. Whether a violation is “material,” whether a cure must be offered, and whether the notice satisfies HRS § 521-72 all determine what enforcement options remain available. A misstep at this stage can limit or delay the landlord’s ability to act.

For Honolulu landlords, courts examine 10-Day Notices with close scrutiny. Not every violation justifies eviction, and not every complaint supports termination. Proper notice, accurate description of the violation, and compliance with statutory requirements all play a central role in whether the matter can progress toward summary possession if the tenant fails to cure.

What the 10-Day Notice Is Intended to Do

A 10-Day Notice informs the tenant that a violation has occurred and gives the tenant at least ten days to correct it. Violations often involve:

• Damage to persons or property
• Improper use of the unit
• Violations of lease rules or house rules
• Conduct affecting health or safety
• Noncompliance with tenant duties under HRS § 521-51
• Material breaches tied to the obligations described in HRS § 521-69 (e.g., waste, negligent damage, failure to maintain the premises)

But the notice only carries legal effect if it is drafted correctly. A vague description, incorrect deadline, or unsupported allegation may cause the landlord’s position to unravel once challenged in court.

Why These Notices Are Frequently Disputed

In Oʻahu summary possession matters, tenants often dispute whether:

• The violation is actually “material”
• The tenant legally had a right to cure
• The notice provided the full statutory period
• The violation falls under HRS § 521-69; 521-72, et., sew., or the lease
• The description of the conduct was specific enough
• The notice was served at the correct location
• The landlord acted inconsistently or in a way suggesting retaliation

Even when the underlying conduct is not in dispute, a defective or unclear notice can delay the landlord’s ability to enforce the lease. Courts routinely examine these notices line-by-line to determine whether the landlord followed HRS § 521-72 and/or HRS § 521-69 precisely.

Why Legal Review Matters Before Service

A 10-Day Notice is both a compliance tool and a litigation document. If the tenant cures, the notice becomes part of the file. If the violation recurs, the landlord may rely on the “repeat breach,” which may permit action without providing another full cure period. Because of this, the initial notice must be clear, accurate, and consistent with Hawaiʻi law.

Legal review ensures the notice:

• States the violation specifically and factually
• Identifies whether cure must be offered under HRS § 521-72
• Aligns with the duties outlined in HRS § 521-69 and the lease
• Avoids creating waiver or retaliation issues
• Preserves the landlord’s ability to escalate if violations continue

Landlords who draft or serve notices informally often discover problems only after filing—when correcting the issue requires starting over.

How This Office Assists Oʻahu Landlords

Jonathan Kam, a Honolulu landlord attorney, represents property owners in lease-violation and enforcement matters across Oʻahu and Hawai’i. Assistance often includes:

• Reviewing the lease and the alleged conduct
• Determining whether the violation is “material” under Hawaiʻi law
• Preparing a compliant 10-Day Notice tailored to the facts
• Advising on timing, documentation, and service
• Positioning the landlord for enforcement or summary possession if violations continue

The objective is to protect the landlord’s rights while minimizing exposure to procedural challenges or allegations of retaliation.

Hawaiʻi-Specific Knowledge Matters

Lease enforcement in Hawaiʻi operates within a distinct statutory and judicial framework. Honolulu District Court expects clarity, accuracy, and strict compliance with HRS § 521-72 and related provisions such as HRS § 521-69. Local experience matters—particularly when the notice becomes a central issue in litigation.

A carefully drafted 10-Day Lease Violation Notice can document noncompliance early, support future enforcement, and help landlords maintain control over the tenancy.

If You Need Guidance

If you are a landlord on Oʻahu facing a lease violation and need assistance preparing a 10-Day Notice, evaluating your enforcement options, or protecting your position under Hawaiʻi landlord-tenant law, our office can assist.