Haw. Rev. Stat. § 521 § 521-68

Landlord's remedies for failure by tenant to pay rent.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 2/5/2026HawaiiNotice to Quit/Terminate

Operative Text

Haw. Rev. Stat. § 521 § 521-68
(a) A landlord or the landlord's agent, any time after rent is due, may demand payment thereof 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 thereof, the rental agreement will be terminated. Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of the posting. If the notice is mailed to the tenant by United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord or landlord's agent as undeliverable. If the tenant remains in default after the expiration of the time stated in the notice, the landlord may bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession, subject to this section. The notice required by this 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. In any action based on the breach of a mediated agreement, the court shall not require any further mediation before trial.
(b) The ten-calendar-day notice required under subsection (a) shall include the following:
(1) The name of the landlord or landlord's agent and the landlord's or landlord's agent's 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, electronic mail address and mailing address;
(4) The current amount of the rent due as of the date of the notice, after applying all rent paid from all sources;
(5) Notice that a copy of the ten-calendar-day notice being provided to the tenant is also being provided to a state-funded mediation center for the mediation center to contact the landlord, or landlord's agent, and tenant to schedule a mediation regarding the nonpayment of rent in accordance with subsection (c);
(6) Notice that the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within ten calendar days after the tenant's receipt of the ten-calendar-day notice, regardless of whether the scheduled mediation session occurs within the ten calendar days;
(7) 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. "; and
(8) Notice that the landlord or landlord's agent shall engage in mediation if mediation is scheduled.
The judiciary shall prepare a notice form that may be used by landlords and landlords' agents to provide the information required by this subsection and make the form available on its website.
(c) A landlord or the landlord's agent shall provide the ten-calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters. All state-funded mediation centers shall offer mediation services to landlords, or landlords' agents, and tenants through in-person and remote means, and shall allow mediation participants to utilize remote appearances, if requested. If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent 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-calendar-day notice, unless the tenant fails to appear at mediation or cancels the mediation. If the tenant schedules mediation, the landlord or landlord's agent shall participate. Mediation shall take place within thirty days from the date that the mediation center makes contact with both the landlord, or the landlord's agent, and tenant. Upon request by the landlord or landlord's agent, the mediation center shall provide copies of a document or documents verifying that the landlord or landlord's agent provided a copy of the required ten-calendar-day notice to the mediation center.
(d) The summary possession complaint for nonpayment of rent shall include:
(1) A document or documents from the state-funded mediation center verifying that the landlord or landlord's agent provided a copy of the required ten-calendar-day notice to the mediation center or an affirmation from the landlord or landlord's agent that the notice was provided to the applicable mediation center and the means by which the notice was provided to the applicable mediation center. Upon request by the landlord or landlord's agent, the mediation center shall provide copies of the relevant documents to the landlord or landlord's agent; and
(2) If mediation is scheduled but has not yet occurred, the date on which the mediation is scheduled.
(e) If there is any defect in the ten-calendar-day notice described in subsection (b) provided by the landlord or landlord's agent and the court determines the defect was unintentional or immaterial, the court may allow the landlord or landlord's agent to cure the defect without dismissing the action for summary possession.
(f) Nothing in this section shall impact a landlord's or tenant's other rights and responsibilities under this chapter.
(g) The mediation may take place using remote communication, in person, or both.
(h) Each landlord and tenant shall be responsible for bearing the party's 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 or landlord's agent may request payment of all costs, including reasonable attorneys' fees, incurred during the pre-litigation mediation process.
(i) If the mediation does not result in an agreement, the landlord or the landlord's agent may file an action for summary possession without participating in an additional mediation; provided that:
(1) The landlord or landlord's agent 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-calendar-day notice; and
(2) After the filing of the action for summary possession, the court, in its discretion and based on a finding of good cause, may order an additional mediation.
(j) A landlord or the landlord's agent may bring an action solely for rent at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring the action. [L 1972, c 132, pt of §1; am L 1978, c 167, §1; gen ch 1985; am L 2021, c 57, §§2, 7; am L 2025, c 278, §2]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 521-68 establishes the process a landlord must follow before seeking to remove a tenant for nonpayment of rent. Once rent is overdue, the landlord must deliver a written ten-calendar-day notice that meets specific content requirements—including contact information, the amount owed, and a bold warning about mediation—and must simultaneously send a copy of that notice to a state-funded mediation center. If mediation is scheduled within the ten-day window and the tenant participates, the landlord cannot file for summary possession until at least twenty calendar days after the tenant received the original notice; if no mediation is scheduled, the landlord may file after the ten-day period expires. Courts may allow landlords to cure minor, unintentional defects in the notice rather than dismissing the case outright.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

Under § 521-68, compliant operators ensure that any ten-calendar-day notice for nonpayment of rent contains all eight elements listed in subsection (b)—including the bold-typeface warning, the current rent balance after all payments, and contact details for all parties. Operators also send a copy of that notice to a state-funded mediation center at the same time it is delivered to the tenant, and they retain documentation of that submission to attach to any subsequent summary possession complaint. When a mediation center schedules a session within the ten-day period, operators track the extended twenty-calendar-day timeline before filing and participate in any scheduled mediation as required by subsection (c).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 521-68 gives tenants a structured window to address unpaid rent before a landlord can pursue eviction: upon receiving a ten-calendar-day notice, a tenant has the opportunity to pay the overdue amount or engage with the state-funded mediation center that should have received a copy of the same notice. If mediation is scheduled within those ten days and the tenant participates, the landlord's earliest possible filing date for summary possession is pushed to twenty calendar days after the tenant received the notice. Tenants who believe a notice was defective—missing required content under subsection (b), for example—may raise that deficiency in court proceedings, and consulting a tenant-rights organization or legal aid provider familiar with Hawaii landlord-tenant law can help clarify available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Feb 5, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-71
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-70
Haw. Rev. Stat. § 521-70
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-62
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-43
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-53
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-72
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-53
Haw. Rev. Stat. § 521-63
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-80
Haw. Rev. Stat. § 521-80
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-68
Haw. Rev. Stat. § 521-71
Haw. Rev. Stat. § 521-44

Related Rules

§ 31
Notice to quit for nonpayment of rent
§ 47a-15
Noncompliance by tenant. Remedy of breach by tenant. Landlord's remedies.
§ 8.71.040
Required notice

Source Information

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Fetched:Oct 23, 2026, 07:07 AM UTC