Understanding Cure or Quit Notices for Hawaii Renters

If you rent a home or apartment in Hawaii and receive a notice from your landlord about a lease violation, it's essential to know your rights and what steps to take. In Hawaii, a "cure or quit" notice is a legal warning that gives you the opportunity to correct (cure) a problem or risk losing your home (quit). Understanding how cure or quit notices work—including timelines, forms, and your options—can help protect your rights as a renter.

What Is a Cure or Quit Notice?

A cure or quit notice is a formal written document from your landlord telling you that you've allegedly broken a term in your rental or lease agreement. The notice will usually specify what the violation is, how to fix it (the cure), and how much time you have to do so. If you don't fix the issue—or move out (quit) by the deadline—the landlord may start the eviction process.

• Common reasons for cure or quit notices in Hawaii include nonpayment of rent, unauthorized occupants, pets, or noise violations.
• These notices are required by Hawaii state law before most types of eviction cases can proceed.

Hawaii Law: Timelines and Requirements

Under the Hawaii Residential Landlord-Tenant Code, Section 521-68, the required notice period depends on the type of lease violation:

• Nonpayment of Rent: Landlords must give tenants at least five days to pay overdue rent (the "cure period") before starting eviction¹.
• Other Violations: For most other breaches, a 10-day written notice is required to allow the tenant to cure the issue.

The official rental housing tribunal in Hawaii is the Office of Consumer Protection (OCP), Landlord-Tenant Branch. This agency enforces rental laws and provides mediation and complaint support for renters.

What Official Forms Are Involved?

• Five-Day Notice to Pay Rent or Quit (Form not numbered): Used by landlords when rent is overdue. This notice tells you how much you owe and gives you five days to pay or vacate before further legal steps. See a sample and guidelines at the Hawaii OCP Landlord-Tenant website.
• Tenant's Answer to Complaint for Possession (Form DC41): If your landlord files for eviction, you can respond with this form. It allows you to state your side if you want to contest the eviction. Learn more and access the form at Hawaii State Judiciary: Landlord-Tenant Forms.

If you receive a cure or quit notice, keep a copy and mark your calendar—these deadlines are legally important. If you believe the notice is incorrect, or if you fix the problem, communicate with your landlord in writing to document your efforts.

What to Do If You Receive a Cure or Quit Notice

Getting an official warning can feel overwhelming, but you still have rights and options. Here are the main steps to follow:

• Read the notice carefully. Note the deadline to cure the problem. Is it about unpaid rent, guest rules, noise, or something else?
• Fix the issue before the deadline, if possible. For rent, pay the overdue amount. For other violations, resolve the problem (remove an unauthorized pet, end a disturbance, etc.).
• Keep documentation—receipts, emails, or written proof that you cured the violation.
• If you need more time or disagree with the notice, reach out to your landlord and seek assistance from the Hawaii OCP or a legal aid agency.

If Eviction Is Filed: Your Next Steps

• If you are unable to cure the violation or the landlord files an eviction complaint, you can use the Tenant's Answer form (DC41) to respond. When filled out, file this form with the district court before your scheduled hearing date.
• Bring all your documents, receipts, and photos to show the judge if you fixed the problem or believe the notice was issued in error.

FAQ: Cure or Quit Notices in Hawaii

1. How much time do I have to fix a lease violation in Hawaii?
   For overdue rent, you get five days to pay. For most other violations, you usually have 10 days to cure the issue.
2. Do I have to move out if I get a cure or quit notice?
   No—not right away. The notice gives you a chance to correct the issue before eviction is filed. Only if you do not cure or quit by the deadline could eviction proceed.
3. Can I contest a cure or quit notice?
   Yes. If you disagree, fix the problem, or believe the claim is wrong, keep records and submit the Tenant's Answer form if an eviction case is filed. Mediation may also be available through Hawaii OCP.
4. Where can I get help if I’m unsure what to do?
   Contact the Hawaii Office of Consumer Protection Landlord-Tenant Branch for advice, or reach out to Legal Aid Society of Hawaii for legal support.
5. What happens if I ignore the notice?
   If you don't resolve the violation or move out, your landlord may file for eviction with the court. This can affect your rental history.

Key Takeaways

• Hawaii law protects renters by requiring landlords to issue cure or quit notices for most violations and by providing set timelines to fix issues.
• If you act quickly, keep records, and seek help when needed, you can often avoid eviction.
• Official forms and government resources are available to help renters through each step of the process.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection, Landlord-Tenant Branch – Official tribunal for tenant issues, complaints, and information.
• Hawaii State Judiciary: Landlord-Tenant Forms – Access official court forms, including Tenant's Answer.
• Legal Aid Society of Hawaii – Free or low-cost legal help for qualifying renters.
• Hawaii Residential Landlord-Tenant Code – Read the full legislation online.

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1. Hawaii Revised Statutes §521-68 – Termination of rental agreement
2. Office of Consumer Protection, Landlord-Tenant Branch – State of Hawaii
3. Hawaii State Judiciary: Landlord-Tenant Forms

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