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Hawaii Notice to Tenants of Intent to Sell

Hawaii requires at least 48 hours of written notice before a landlord may enter a rental to show it to a prospective buyer, and this guide walks you through that rule step by step. Use our AI-guided builder to draft a compliant Notice of Intent to Sell in minutes, with attorney-review available before you deliver it to your tenant.

Introduction

Imagine the gentle trade winds rustling through the palms of your rental property. The thought of selling has crossed your mind, but a tenant already calls this slice of paradise home. In Hawaii, transitioning a property from one owner to another isn't just a transaction; it's a process guided by the spirit of 'pono', balance and respect. State law weaves a protective net for tenants, ensuring their rights are honored. This journey begins with clear communication, specifically the 48-hour written notice required before showing the home to potential buyers. Our guide illuminates this path, helping you draft a compliant notice that respects your tenant's peace while advancing your sale, ensuring every step is taken with care and legal precision.

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Key Things to Know

  1. 1

    Consider your tenant's security deposit a sacred trust. When you sell, Hawaiian law requires the new owner to send a written confirmation to the tenant within 20 days, verifying the deposit's safe transfer and its exact amount.

  2. 2

    Hawaii does not provide a one-size-fits-all official form for this purpose. Your responsibility is to craft a clear, written notice that tells the story: your intent to sell, the rules of entry for showings, and the legally required timelines.

  3. 3

    Create a paper trail as clear as a path to the beach. Delivering the notice in a way you can prove, like hand-delivery with a signature, protects you from any future disputes about whether the tenant was properly informed.

  4. 4

    The rhythm of selling is dictated by a 48-hour beat. Before any prospective buyer crosses the threshold, you must provide your tenant with at least two full days of written notice. This isn't just polite; it's the law.

  5. 5

    A fixed-term lease is a powerful shield for the tenant. When you sell the property, that shield transfers to the new owner, who must honor the lease and its terms until the very last day of the agreement.

  6. 6

    For tenants on a month-to-month journey, the path to ending the tenancy is a 45-day road. This notice period is a firm requirement in Hawaii, even when the reason for the change is the property's sale.

  7. 7

    The act of putting a 'For Sale' sign in the yard does not press pause on the lease. The tenancy continues, rent is still due, and all lease terms remain in effect until the property officially changes hands and the lease is properly terminated.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

Open the Notice to Tenants of Intent to Sell guide

Customize your Notice to Tenants of Intent to Sell Template with DocDraft

A New Chapter for Your Hawaiian Home: Notice of Intent to Sell

Date: [DATE]

To Our Valued Tenant(s): [TENANT NAME(S)] At the Property: [STREET, CITY, HI ZIP]

From Your Landlord: [LANDLORD NAME] Landlord's Mailing Address: [LANDLORD ADDRESS]

1. Our Intent to Sell the Property

This letter begins a new chapter for the property you currently call home. We are writing to formally notify you of our decision to place this rental property on the market for sale. This is a significant step, and we are committed to navigating this process with transparency and respect for your rights as a tenant under the Hawaii Residential Landlord-Tenant Code (Hawaii Revised Statutes, Chapter 521). It is important to understand that your current lease agreement remains entirely valid. All your responsibilities, including timely rent payments, and all of our obligations as your landlord, continue unchanged by this decision to sell.

2. Your Tenancy During the Sale

Think of your lease as your anchor during this transition. If you have a fixed-term lease, that anchor is firm; Hawaii law dictates that the new owner must honor your existing agreement until its natural expiration date. The sale itself does not give a new owner the right to alter your lease or end your tenancy prematurely. If your residency is on a month-to-month basis, the path is slightly different but just as clearly defined. Should termination of the tenancy be necessary, you are entitled to a minimum of 45 days of advance written notice. This protective timeline holds true whether it is us or a new owner providing the notice.

3. Welcoming Prospective Buyers: Showings and Access

To find the right future owner for this property, we will need to allow prospective buyers to view the unit. Hawaiian law (HRS § 521-53) creates a framework of mutual respect for this process. We will always provide you with a written notice at least two days (48 hours) in advance of any scheduled showing. We promise to conduct these visits only at reasonable hours and will do our best to coordinate with you to minimize disruption to your daily life. Your cooperation in allowing this access, as long as proper notice is given, is a necessary part of this journey. Tenants may not unreasonably withhold their consent for entry.

4. The Safe Passage of Your Security Deposit

Your security deposit is a pledge of trust, and the law ensures its protection during an ownership change. As mandated by HRS § 521-44(f), upon the successful sale of the property, your full security deposit will be transferred to the new owner. To ensure you are always informed, the new owner is legally required to send you a written notice within 20 days of the transfer. This notice will confirm their name and address and state the exact amount of your security deposit they are now holding on your behalf.

5. Our Commitment to a Fair Process

Signature: ______________________ Date: __________

This document is a foundational template tailored for Hawaii, based on the general Notice to Tenants of Intent to Sell. After filling in all bracketed information, ensure you deliver it through a method that confirms receipt, like personal delivery with a signature or mail with tracking, and keep a signed copy for your own important records.

Hawaii Requirements for Notice to Tenants of Intent to Sell

48-Hour Showing Notice

Before entering an occupied Hawaii rental to show it to a prospective purchaser, the landlord must give the tenant at least 48 hours (two days) of written notice, and this applies to each separate entry.

45-Day Month-to-Month Termination Notice

To end a month-to-month tenancy in Hawaii, including when the property is being sold, the landlord must provide at least 45 days of written notice before the termination date.

20-Day Security Deposit Notice After Transfer

When the dwelling is sold or transferred, the new landlord must, within 20 days, provide the tenant with written notice of the amount credited as the security deposit.

Fixed-Term Leases Survive the Sale

A fixed-term lease transfers to the new owner, who must generally honor its terms until the lease expires, so a sale alone does not create grounds to evict a tenant.

Reasonable Times for Showings

Entries to show the unit must occur at reasonable times and cannot be used to harass the tenant, so schedule showings predictably and avoid excessive disruption.

Written Notice & Documented Delivery

All notices related to the sale-including the intent to sell, entry for showings, and termination-must be in writing. Landlords should deliver notices using a method that proves receipt, such as hand delivery with a signed acknowledgment or certified mail, and retain proof of the delivery date.

Tenant's Duty to Cooperate

Under Hawaii law (HRS § 521-53), tenants may not unreasonably withhold consent to allow a landlord to enter for showings after receiving proper 48-hour notice. Refusal can give the landlord grounds to seek remedies, including terminating the lease.

No Mandatory Statewide Form

Hawaii does not require a single official statewide form for this notice, so any written notice that captures the required parties, intent to sell, and applicable timelines satisfies the practical standard.

Frequently Asked Questions

Hawaii sets a firm minimum: at least 48 hours of written notice before I enter to show the unit, and it applies to every separate showing (HRS § 521-53(b)). I also have to pick reasonable hours so my tenant's daily routine isn't disrupted.

No. A fixed-term lease follows the property to the buyer, who steps into my shoes and has to honor every term through the original end date. Closing the sale doesn't shorten my tenant's stay or hand me any new grounds to remove them.

Hawaii publishes no official form for this. Anything I write works as long as it names the parties, states that I'm selling, explains how showings will be handled, and reaches my tenant through a method our lease allows. Clarity matters more than any template.

Not unreasonably, once my 48-hour written notice is in their hands. Under HRS § 521-53 a tenant can't withhold consent to a properly noticed showing, and an outright refusal can give me grounds to act. I still have to keep visits at sensible times.

The month-to-month arrangement rolls over to the new owner after closing. Ending it takes real lead time: Hawaii requires 45 days of written notice before the termination date (HRS § 521-71(a)), whether I serve it or the buyer does.

To keep everyone informed from the start, my notice states plainly that I intend to sell the property. It lays out how I will coordinate showings with my tenant so visits fit their schedule, and it reassures them that a current fixed-term lease stays fully valid even after the property changes hands.

So receipt is provable if a question ever arises, I choose a delivery method that documents the handoff. I might hand the notice directly to my tenant, send it by certified mail with a return receipt, or use whatever method the written lease already authorizes for formal communication.

Because the deposit truly belongs to my tenant, it passes from me to the buyer at closing rather than being refunded early. From that point the new owner holds the money and takes on the duty of returning it, minus any lawful deductions, when the tenancy ends.