Quick Reference: Hawaii Eviction Notice Requirements at a Glance

A Honolulu property manager serves a nonpayment notice on 2 March giving the tenant five business days to pay, then files for summary possession on 10 March.

The notice period and the filing strategy are now wrong. Since 5 February 2026, Hawaii's nonpayment notice is ten calendar days, not five business days. The notice must include eight specifically required items and a warning in bold typeface. A copy must go to a state-funded mediation centre. And if the tenant schedules mediation inside those ten days, the landlord cannot file until twenty calendar days after the tenant received the notice.

The change came through Act 278, Session Laws of Hawaii 2025, signed on 2 July 2025. It reintroduces a pre-filing mediation framework similar to the earlier Act 57 approach, while changing the notice period and establishing the current two-year pilot. The legislature's own finding was that Act 57's mediation procedures "were widely successful in substantially increasing the number of disputes that were settled in mediation without any eviction cases being filed."

This matters for a second reason. The Hawaii Revised Statutes as published for 2025 were compiled before the February 2026 effective date, so many code pages and commercial guides still display the superseded five-business-day period. Before relying on any version of Section 521-68 you find online, check whether you are reading the text effective before or after 5 February 2026.

Step 1: The 10-Day Notice, and Why the Old Five-Day Rule Is Gone

Section 521-68(a) as amended provides that a landlord or the landlord's agent may, any time after rent is due, demand payment and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than ten calendar days after receipt, the rental agreement will be terminated.

Three mechanical points follow.

Receipt is now defined, not assumed. Notice may be given by posting in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of the posting. If mailed by United States Postal Service, properly addressed with appropriate postage, it is deemed received two business days after the date of the postmark, unless the letter is returned as undeliverable.

The prior provision permitted posting only where the tenant could not be served. Posting is now a primary method with a defined receipt date, which is what every downstream deadline runs from.

Ten calendar days, not business days. The old rule counted business days. The new one does not, so weekends and holidays are inside the period.

And the change is permanent. Act 278 is a pilot that repeals on 4 February 2028, at which point Section 521-68 reverts to its prior form. But Section 7 of the Act expressly provides that the amendments to Section 521-68(a) shall not be repealed when the section is reenacted. The ten-day period stays. The mediation apparatus is what expires.

One important carve-out. The notice required by the section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement, or is for a summary proceeding for possession based on matters other than nonpayment of rent. And in any action based on breach of a mediated agreement, the court shall not require any further mediation before trial.

Because the receipt date now drives a ten-day and potentially a twenty-day clock, the date and method of service have to be captured as a dated record at the moment the notice goes out. That is precisely the kind of sequence a Tenant 360 View approach keeps provable, alongside the payment history the notice has to state.

Step 2: The Eight Items the Notice Must Include

Section 521-68(b) is prescriptive. The ten-calendar-day notice shall include:

1. The name of the landlord or landlord's agent and their contact information, including, if possible, phone number, electronic mail address and mailing address;

2. The address of the dwelling unit subject to the rental agreement;

3. The name and contact information of all tenants listed on the rental agreement, including phone number and, if possible, email and mailing address;

4. The current amount of rent due as of the date of the notice, after applying all rent paid from all sources;

5. Notice that a copy is also being provided to a state-funded mediation centre for the centre to contact both parties to schedule mediation;

6. Notice that the landlord may file for summary possession if the rent is not paid and mediation is not scheduled within ten calendar days of receipt, regardless of whether the scheduled session occurs within those ten days;

7. A warning in bold typeface print in substantially the statutory form, set out below; and

8. Notice that the landlord or landlord's agent shall engage in mediation if mediation is scheduled.

Item 4 deserves attention. The figure must be the current rent due after applying all rent paid from all sources, which includes rental assistance payments. A notice stating a gross arrears figure that ignores a partial assistance payment does not meet the paragraph.

The Judiciary has published a form. Section 521-68(b) directs that the judiciary shall prepare a notice form landlords may use to provide the required information and make it available on its website. Using the Judiciary's Act 278 form is the simplest way to avoid a contents defect.

Because the notice must state a rent figure net of all payments from all sources, the ledger has to reconcile before the notice is drafted, not after. Keeping charges, payments and assistance credits tied to their rental period is what makes that figure defensible.

Step 3: The Bold Warning, Word for Word

Section 521-68(b)(7) requires a warning in bold typeface print in substantially the following form:

"If mediation is not scheduled within ten calendar days after receipt of this notice, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent may file an action for summary possession after the expiration of the ten-calendar-day period. If mediation is scheduled before the expiration of the ten-calendar-day period, regardless of whether the scheduled mediation session occurs within the ten calendar days, the landlord or landlord's agent shall only file an action for summary possession after the expiration of twenty calendar days following the tenant's receipt of the ten-calendar-day notice unless you (tenant) fail to attend or cancel mediation. If the ten-calendar-day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting. If the ten-calendar-day notice was mailed, receipt of notice shall be deemed to be two business days after the date of the postmark. If filing an action for summary possession, the landlord or landlord's agent shall be required to note, in the summary possession complaint, the status of the mediation or settlement effort and proof of posting or sending the ten-calendar-day notice to the mediation center."

The statute says "substantially the following form," so minor wording variation is contemplated. The bold typeface requirement is not optional, and the warning itself tells the tenant what the landlord's own filing constraints are.

Step 4: The Mediation Centre Copy and the 20-Day Wait

Section 521-68(c) creates the obligation most likely to be missed, because it involves a third party.

The landlord shall provide the ten-calendar-day notice to a state-funded mediation centre that offers free mediation for residential landlord-tenant matters. The Act requires state-funded mediation centres to offer services in person and remotely, and to allow remote appearances if requested. The Mediation Centers of Hawaiʻi administer the programme through five community centres across the state, at no cost to either party.

Then the filing constraint. If a mediation centre schedules mediation within the ten-calendar-day period and the tenant participates, regardless of whether the session actually occurs within those ten days, the landlord shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-day notice. The exception is where the tenant fails to appear at mediation or cancels.

Read that carefully. The filing restriction is tied to mediation being scheduled within the ten-calendar-day period; the mediation session itself does not have to occur within those ten days. If the tenant fails to appear or cancels the mediation, the statutory exception applies.

And participation is mandatory. If the tenant schedules mediation, the landlord or landlord's agent shall participate. Mediation must take place within thirty days from the date the centre makes contact with both parties.

One protection for landlords. On request, the mediation centre shall provide copies of documents verifying that the landlord provided a copy of the required notice to the centre. Ask for that verification when you send the notice. If the centre's verification is not available, Section 521-68(d) also permits the landlord or landlord's agent to provide an affirmation stating that the notice was provided to the applicable mediation centre and the means by which it was provided.

Because the twenty-day date is derived from a receipt date and a third party's scheduling action, this is a workflow with an external dependency rather than a diary entry. Building the notice, the centre copy, the verification request and the derived filing date as linked dated steps through workflow customization is what keeps the sequence intact when the person who served the notice is not the person who files.

Step 5: What the Summary Possession Complaint Must Include

Section 521-68(d) makes the mediation trail part of the pleading. The summary possession complaint for nonpayment of rent shall include:

1. A document or documents from the state-funded mediation centre verifying that the landlord provided a copy of the required ten-calendar-day notice to the centre, or an affirmation from the landlord stating that the notice was provided and the means by which it was provided; and

2. If mediation is scheduled but has not yet occurred, the date on which the mediation is scheduled.

The statutory warning in subsection (b)(7) reinforces this, requiring the complaint to note the status of the mediation or settlement effort and proof of posting or sending the notice to the mediation centre.

And there is a cure provision worth knowing. Under Section 521-68(e), if there is any defect in the notice contents described in subsection (b) and the court determines the defect was unintentional or immaterial, the court may allow the landlord to cure the defect without dismissing the action. That is a meaningful safety valve, but it is discretionary and limited to unintentional or immaterial defects. It is not a substitute for getting the notice right.

Step 6: The Other Notice Periods, Which Did Not Change

Act 278 touched nonpayment only. The rest of Hawaii's notice framework is unchanged, and this is where the "ten-day notice" label gets confusing, because it now describes several different things.

• Material noncompliance by the tenant, Section 521-69(a). Where the tenant is in material noncompliance with Section 521-51, the landlord may, after notifying the tenant in writing and allowing a specified time not less than ten days after receipt to remedy, terminate and bring summary possession where the noncompliance is with Section 521-51(1), or remedy the failure itself and bill the tenant for the actual and reasonable cost where it can be cured by cleaning, repairing or replacing a damaged item. That bill shall be treated by all parties as rent due and payable on the next regular rent collection date, or immediately if the tenancy has terminated.

• No cure time is required where the tenant's noncompliance causes or threatens to cause irremediable damage to any person or property. As with nonpayment, notice may be given by posting conspicuously if the tenant cannot be served.

• Breach of a rule, Section 521-72. For a remediable breach of a rule authorised under Section 521-52, the notice must specify a time not less than ten days within which the tenant must remedy, in substantially the statutory form.

• Termination without cause, Section 521-71. For a month-to-month tenancy the landlord terminates on at least forty-five days' written notice, and the tenant on at least twenty-eight days'. Where the landlord gives notice, the tenant may vacate at any time within the last forty-five days but must notify the landlord of the vacating date and pay prorated rent for that period.

• Holdover by a tenant by parol, Section 666-1. Summary possession lies where a tenant holds possession without right after termination of the tenancy, either by passage of time or by forfeiture under lease conditions, or, if a tenant by parol, by a notice to quit of at least ten days.

So before drafting anything, identify which provision the ground sits under. Nonpayment now runs through Section 521-68 with its mediation apparatus. Everything else does not, and Section 521-68(a) expressly says its notice need not be given for summary possession based on matters other than nonpayment.

Keeping the lease terms, the rules adopted under Section 521-52 and the notice history on one tenancy record is what makes that identification quick and the notice specific enough to survive challenge, which is the practical case for centralised lease management.

Step 7: Summary Possession Under Chapter 666

The post-notice court action is a summary possession proceeding in the district court under Chapter 666, and Section 521-3(b) provides that in case of conflict between Chapter 521 and Chapter 666, Chapter 521 controls.

Two long-standing points from the annotated case law are worth knowing.

• Habitability is a defence. Hawaii's courts have held that in an action for summary possession for a tenant's failure to pay rent, the tenant may assert breach of the implied warranty of habitability as a defence.

• Acceptance of rent can waive the forfeiture. The annotations record the long-established principle that acceptance of rent after knowledge of a prior breach of condition is a waiver of the right to forfeiture. Hawaii's appellate courts have also held that a landlord was not entitled to summary possession where a check was deposited before expiry of the notice period, regardless of which month's rent it was applied to.

That second point interacts directly with the new ten-day window. A partial payment banked on day six can create a waiver issue and should be handled deliberately. If your office intends to accept a payment while preserving the notice, that decision needs to be recorded, not left as a default of the receipting process.

Step 8: Costs, and What Happens If the Tenant Defaults on a Mediated Agreement

Section 521-68(h) sets the cost rule and its exception.

Each landlord and tenant bears their own costs, including attorneys' fees, relating to the mediation. Provided that if the tenant defaults on a mediated agreement or fails to attend a scheduled mediation, the landlord may request payment of all costs, including reasonable attorneys' fees, incurred during the pre-litigation mediation process.

That is a real incentive for landlords to engage properly, because the cost recovery only becomes available where the landlord has done what the statute requires and the tenant has not.

If mediation fails to produce an agreement, Section 521-68(i) allows the landlord to file for summary possession without participating in an additional mediation, provided the filing occurs after the expiration of twenty calendar days from the tenant's receipt of the ten-day notice. After filing, the court may, in its discretion and on a finding of good cause, order an additional mediation.

And rent alone remains available. Under Section 521-68(j), a landlord may bring an action solely for rent at any time after demanding payment of past due rent and notifying the tenant of the intention to bring the action. That route is not subject to the mediation apparatus, though it does not recover possession.

What the Hawaii Eviction Process Cannot Do

• It cannot use a five-business-day nonpayment notice. That period was replaced on 5 February 2026 and the ten-day period is permanent.

• It cannot skip the mediation centre copy. Section 521-68(c) requires it, and Section 521-68(d) requires verification or an affirmation in the complaint.

• It cannot file early where mediation was scheduled and the tenant participates. The twenty-day floor applies unless the tenant failed to appear or cancelled.

• And it cannot proceed on nonpayment while ignoring habitability. The tenant may raise breach of the implied warranty of habitability as a defence in a summary possession action for nonpayment.

Common Hawaii Eviction Mistakes Property Managers Make

1. Using a five-business-day notice
Section 521-68(a) has required ten calendar days since 5 February 2026, and the change to the notice period is permanent even after the pilot repeals.

2. Counting business days
The period is ten calendar days, so weekends and holidays count.

3. Getting the receipt date wrong
Posting is deemed received on the date of posting; mailing is deemed received two business days after the postmark unless returned undeliverable.

4. Omitting any of the eight required items
Section 521-68(b) lists them, and the court's cure power under subsection (e) covers only unintentional or immaterial defects.

5. Stating a gross arrears figure
The notice must state the current rent due after applying all rent paid from all sources.

6. Leaving the warning out of bold typeface
Section 521-68(b)(7) specifies bold typeface print in substantially the statutory form.

7. Not sending the copy to a state-funded mediation centre
It is a statutory obligation, and the complaint must evidence it.

8. Not securing verification or preparing an affirmation
Section 521-68(d) accepts either the centre's verification documents or the landlord's affirmation of provision and means.

9. Filing on day eleven when mediation was scheduled
Where mediation is scheduled inside the ten days and the tenant participates, the filing floor is twenty calendar days from receipt.

10. Waiting for the mediation session before counting
The restriction attaches to mediation being scheduled within the ten days; the session itself need not occur inside that period.

11. Declining to attend mediation
If the tenant schedules it, the landlord shall participate.

12. Filing a complaint without the mediation documentation
Section 521-68(d) requires verification or an affirmation, plus any scheduled mediation date.

13. Using the Section 521-68 notice for a non-rent ground
The section expressly says its notice need not be given for summary possession based on matters other than nonpayment.

14. Depositing a partial payment during the notice period without a decision
Hawaii case law treats acceptance of rent after knowledge of a breach as a waiver of the forfeiture in appropriate circumstances.

15. Confusing the ten-day periods
Section 521-68 nonpayment, Section 521-69 material noncompliance, Section 521-72 rule breaches and Section 666-1 notice to quit for a tenant by parol all use ten days but are different provisions with different conditions.

Conclusion

Hawaii's eviction process changed materially on 5 February 2026, and most published guidance has not caught up.

• The nonpayment notice is ten calendar days, with a defined receipt date depending on whether you posted or mailed it, and that period survives the pilot's repeal in February 2028.

• The notice has eight required items and a bold warning, including a rent figure net of all payments from all sources.

• A copy goes to a state-funded mediation centre, and if the tenant schedules mediation inside the ten days and participates, you cannot file until twenty calendar days from the tenant's receipt unless the tenant fails to appear or cancels.

• The complaint must document the mediation trail, through either the centre's verification or your own affirmation, and the court's power to excuse a defective notice is limited to defects it finds unintentional or immaterial.

For property managers, the practical challenge is execution across a portfolio.

In practice, Hawaii nonpayment cases will now turn on whether the file can show the date and method of service, the arrears figure net of assistance payments, verification or an affirmation showing that the mediation centre received its copy, and the correct derived filing date. Those are records questions before they are legal ones. For teams managing Hawaii portfolios in Honolulu, on Maui, Kauaʻi or Hawaiʻi Island, the notice file is the case, and it is assembled in the ten days before anyone thinks about court.

Managers running multi-state portfolios will notice how far this sits from regimes such as the Tennessee eviction process or Pennsylvania's 10-day notice framework, where the statutory grounds, notice periods and court procedures differ materially and there is no mandatory pre-filing mediation step.

This blog is for informational purposes only and does not constitute legal advice. Section 521-68 was amended by Act 278, Session Laws of Hawaii 2025, with the amendment taking effect 5 February 2026. Act 278 is a two-year pilot repealing on 4 February 2028, at which point Section 521-68 is reenacted in its prior form, except that the amendments to subsection (a), including the ten-calendar-day notice period, are not repealed. Because the Hawaii Revised Statutes as published for 2025 predate the effective date, many code pages and commercial guides still display the superseded five-business-day period; check whether the version you are reading is effective before or after 5 February 2026. Act 278 does not affect rights and duties that matured, penalties incurred, or proceedings begun before its effective date. Summary possession procedure sits in Chapter 666, and under Section 521-3(b) Chapter 521 controls in case of conflict. Verify the current statutory text with the Hawaii State Legislature and consult a licensed Hawaii attorney for guidance specific to your portfolio.

Frequently Asked Questions

Q1. How much notice is required for nonpayment of rent in Hawaii?
Ten calendar days after receipt, under Section 521-68(a) as amended by Act 278 effective 5 February 2026. The previous five-business-day period no longer applies.

Q2. When is the notice treated as received?
If posted conspicuously on the dwelling unit, on the date of posting. If mailed by USPS properly addressed with appropriate postage, two business days after the postmark, unless returned as undeliverable.

Q3. Do I have to send the notice to a mediation centre?
Yes. Section 521-68(c) requires the landlord to provide the ten-calendar-day notice to a state-funded mediation centre, and Section 521-68(d) requires the complaint to evidence that through verification or an affirmation.

Q4. When can I file for summary possession?
After the ten calendar days if no mediation is scheduled. If mediation is scheduled within that period and the tenant participates, only after twenty calendar days from the tenant's receipt, unless the tenant fails to appear or cancels.

Q5. Must the landlord attend mediation?
Yes. If the tenant schedules mediation, the landlord or the landlord's agent shall participate, and mediation must take place within thirty days from the date the centre contacts both parties.

Q6. What if the notice has a mistake?
Under Section 521-68(e), where the court determines a defect in the required contents was unintentional or immaterial, it may allow the landlord to cure without dismissing the action. The power is discretionary.

Q7. Does the mediation requirement apply to other eviction grounds?
No. Section 521-68(a) states its notice need not be given for summary possession based on matters other than nonpayment, or for actions based on breach of a mediated or other settlement agreement.

Q8. Does the ten-day notice period expire with the pilot?
No. Act 278 repeals on 4 February 2028 and Section 521-68 reverts, but Section 7 expressly preserves the subsection (a) amendments, including the ten-calendar-day period.