Grace period, late fee cap, and pay-or-quit notice rules
Before you can file for eviction over unpaid rent in Hawaii, you must serve a written notice that gives the tenant time to pay. Under HRS § 521-68, that period is not less than 10 calendar days after the tenant receives the notice. The demand can go out any time after rent is due, but the clock that matters for the courthouse is the 10-day cure window — and, since February 2026, a new mediation step layered on top of it.
Hawaii's 10-day minimum is shorter than the federal CARES Act baseline, which still requires a 30-day notice to vacate at federally backed or federally subsidized properties. If your building carries a covered mortgage or a federal subsidy, use the longer federal period. Everything below covers the state-law mechanics landlords have to get right.
HRS § 521-68 lets a landlord or the landlord's agent demand payment any time after rent is due. The written notice must tell the tenant that unless the overdue rent is paid within the stated time — not less than 10 calendar days after receipt — the rental agreement will terminate.
Ten days is a floor, not a ceiling. You can write the notice to allow more time, but never less. Count in calendar days, not business days, and count from the date the notice is deemed received rather than the date you wrote it. If the tenant is still in default after the period expires, you may then bring a summary proceeding for possession in district court.
Hawaii spells out two service methods that set a clean, provable receipt date — which is what protects your filing if the tenant later claims they never got the notice.
Keep proof of whichever method you use: a dated, photographed posting, or a certificate of mailing showing the postmark. That record is the difference between a notice that holds up and one a judge tosses.
This is the newest and most-missed step. Act 278 created a mediation pilot that runs from February 5, 2026 through February 4, 2028. A tenant who receives a nonpayment notice may request mediation within 10 days of receiving it, and a landlord must participate if that request is made.
The requirement also reaches into your court filing. A summary possession complaint for nonpayment must now include documentation that a copy of the 10-day notice was provided to the state-funded mediation center — or an affirmation stating that the notice was provided and by what means. File without that verification and the complaint can be rejected, so send the notice copy to the mediation center at the same time you serve the tenant.
The Hawaii notice is a true pay-or-quit. If the tenant pays the full amount due within the notice period, the rental agreement is not terminated and the tenant keeps possession — you cannot proceed to eviction on that same default. The notice buys a cure opportunity, not an automatic move-out.
Termination and the right to file for possession only ripen if the tenant remains in default after the stated time runs out. Practically, accept a timely full payment, close out that notice, and start fresh if a later month goes unpaid. Partial payments are riskier: accepting them can muddy whether the default was truly cured, so document what you accept and for which month.
Hawaii does not require a grace period — grace periods come from your lease, not from statute — so rent can be late the day after it is due unless your agreement says otherwise. What state law does cap is the penalty.
Under HRS § 521-21(f), a late charge may not exceed 8% of the amount of rent due. The cap applies to the unpaid portion: if a tenant timely pays part of the rent, the 8% is figured on the balance, not the full monthly amount. Your pay-or-quit notice should demand the overdue rent, and any late fee only up to that 8% limit. Padding the demand with an inflated fee or charges the lease doesn't authorize gives the tenant a defense to the whole notice.
Once rent is late and no grace period applies, the landlord must serve a formal 5-day pay-or-quit notice (H.R.S. § 521-68) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Hawaii court.
This page summarizes Hawaii's nonpayment-of-rent notice requirements under the Residential Landlord-Tenant Code, HRS § 521-68, together with the late-charge cap in HRS § 521-21 and the Act 278 mediation pilot in effect from February 5, 2026 through February 4, 2028. The Residential Landlord-Tenant Code is administered by the Hawaii DCCA Office of Consumer Protection. Statutes and pilot programs change; verify the current text of HRS § 521-68 and confirm your property's federal status before serving a notice or filing for possession. This is general information for landlords, not legal advice for a specific case.
At least 10 calendar days. Under HRS § 521-68, the written notice must give the tenant not less than 10 calendar days after receipt to pay before the rental agreement terminates. You may allow more time, but never less.
Two methods set a clean receipt date. Posting the notice in a conspicuous place on the unit is deemed received on the date of posting. Mailing it by USPS, properly addressed with postage, is deemed received 2 business days after the postmark, unless returned as undeliverable. Keep proof of whichever you use.
Act 278 created a pilot program running February 5, 2026 through February 4, 2028. A tenant may request mediation within 10 days of receiving the nonpayment notice, and the landlord must participate. Your later court complaint must also include documentation that the 10-day notice was provided to the state-funded mediation center.
Yes. If the tenant pays the full amount due within the notice period, the rental agreement is not terminated and the tenant keeps possession. You can only move forward to a summary possession proceeding if the tenant remains in default after the notice period expires.
Under HRS § 521-21(f), the late charge may not exceed 8% of the amount of rent due, calculated on the unpaid portion. Hawaii has no state-mandated grace period; any grace period comes from your lease.
It can. The CARES Act requires a 30-day notice to vacate for nonpayment at federally backed or federally subsidized covered properties. If your property is covered, use the longer 30-day federal period rather than Hawaii's 10-day state minimum.
Data sourced from Hawaii published statutes (H.R.S. § 521-68), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated July 14, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.
