Office of Consumer Protection

No, tenants will not be evicted immediately. Act 202 allows tenants and landlords to resolve rent issues through mediation before going to court. Both landlords and tenants must follow the process required under ACT 202.

Act 202, signed into law on July 5, 2024, provides tenants with the option of mediation to avoid eviction. Mediation is not automatically required but becomes a mandatory step only if the tenant requests mediation and schedules it within 15 days after receiving the landlord’s notice.

The mediation process brings landlords and tenants together in person or by Zoom with an impartial third party called a mediator. The mediator helps the landlord and tenant try to voluntarily reach an agreement about overdue rent and/or eviction. The mediator does not take sides or tell the parties what to do. If the parties reach an agreement, the mediator will put the terms of the agreement in writing. The mediation process is paid for by State funds and is FREE for both landlord and tenant.

The opportunity to schedule a mediation will start on Wednesday, February 5, 2025.

Currently, landlords are not allowed to file lawsuits for evictions relating to wildfires, as the Governor has an eviction moratorium (ban) in place. The eviction ban will end on Tuesday, February 4, 2025. Act 202’s mediation process starts the next day – Wednesday, February 5, 2025.

Many tenants cannot pay their rent due to financial hardships or displacement caused by the wildfires. The law tries to balance the rights of landlords and tenants by helping them negotiate agreements with the help of a mediator and avoid the court process.

Mediation is a process where opposing parties can resolve conflicts without going to court. An impartial mediator helps the parties talk and negotiate agreements that work for them. The mediator does not tell the parties what to do. It is up to the parties whether they want to reach an agreement or not.

Litigation is the process or practice of settling a dispute in a court of law.

I am a tenant, when can I sign up with Maui Mediation Services if I know I am late paying my rent?

You can sign up right away, even before receiving a notice from your landlord. If you know you are behind on your rent, we recommend signing up as soon as possible.

Please go to Contact Maui Mediation Services. At the very minimum, please enter the following information in the online form:

The tenant named on the lease’s contact information:

• First and last name;
• Email address that the tenant has access to;
• Phone number the tenant can be reached at; and

Landlord information: (Enter it in the Defendant/Respondent Information Section)

• First and last name;
• Email address;
• Phone number the landlord can be reached at;
• Mailing address

(Please complete as much of your landlord's information as possible so that Maui Mediation Services can contact them to schedule a mediation appointment.)

• Case type (this is located towards the bottom of the online form and is a drop-down list, the likely selection would be: “landlord/tenant”)
• Comment (located at the very end of the form) – you can leave a comment with any additional information you think will be helpful for Maui Mediation Services.

The mediation process is paid for by State funds and is FREE for both landlord and tenant.

The state has contracted Maui Mediation Services to process mediation requirements under Act 202.

• Maui Mediation Services office is open by appointment only
• Address: 95 Mahalani Street, Suite 25, Wailuku, Hawaiʻi , 96793
• Maui Mediation Services (MMS)
• Email: [email protected]

Phone: 808-344-4255, or 808-446-0511 (8:30 – 4:30 PM)

For community-based legal resources, please visit Maui Recovers’ Legal Resources.

Under Act 202, a landlord must provide the tenant with a written notice 15 days before filing for an eviction in court. The landlord must serve the tenants with a Notice, as well as send a copy to Maui Mediation Services.

Once the tenant receives the landlord’s Notice, it is important to be proactive and schedule a mediation session with Maui Mediation Services within 15 days (the tenant has an additional 2 days if the landlord mailed the Notice). The mediation session itself does not have to occur within the 15 days—it just must be scheduled. The landlord is required to wait 30 days from the date of the Notice before filing the eviction case in court. This 30 day period allows time for mediation to occur and for both parties to potentially reach an agreement.

Once an eviction lawsuit is filed in court, it generally takes 6-8 weeks before the court would issue an eviction order. It usually takes longer if a trial is requested.

If the tenant fails to respond or schedule mediation within the 15-day notice period or does not show up to their scheduled mediation, the landlord may proceed with filing for eviction immediately.

Initially, when the moratorium ends, Landlords cannot start the eviction process unless the tenant is four months or more behind on their rent and provides the tenant with a notice. The following month, landlords may provide a notice to tenants who are three months or more behind. The third month, landlords may provide a notice to tenants who are two months or more behind. And then finally, in the fourth month, landlords may provide a notice to tenants who are one month or more behind. This phased approach helps manage the workload at Maui Mediation Services and gives tenants more time to pay their overdue rent before legal action is taken.

The table below outlines the time periods, corresponding start and end dates, and due and overdue rent amounts required for landlords to begin legal action, based on the expiration of the eviction moratorium on February 4, 2025.

Phases of initiating evictions based on the moratorium expiration date	Start Date	End Date	Overdue Amount
Day 1 to Day 30	February 5, 2025	March 6, 2025	Equal to or greater than four months of rent
Day 31 to Day 91	March 7, 2025	May 6, 2025	Equal to or greater than three months of rent
Day 92 to Day152	May 7, 2025	July 6, 2025	Equal to or greater than two months of rent
Day 153 to Day 365	July 7, 2025	February 4, 2026	Equal to or greater than one month of rent

No, tenants do not have to leave their homes by the date specified in the written notice. Eviction can only occur after a judge issues an order permitting the landlord to evict the tenant. Landlords generally cannot physically remove tenants, touch their personal property, change the locks, or shut off the utilities.

Service Provider: Maui Mediation Services

Email: [email protected]

Social Media: Maui Mediation Facebook

Landlord-Tenant Mediation Phone #1: 808-344-4255

Landlord-Tenant Mediation Phone #2: 808-446-0511

Hours open: 8:30 AM - 4:30 PM - Monday to Friday

Maui Mediation Services office is open by appointment only at:

95 Mahalani Street, Suite 25, Wailuku, Hawaiʻi 96793

Are there any organizations that can help with due or overdue rent?

Tenants: Please contact Maui Mediation Services; they may be able to direct you should resources become available, or contact Maui Recovers.

Landlords: Landlords can apply for a low interest SBA Economic Injury Disaster Loan (EIDL)

Restrictions on rent increases and terminating existing tenancies began on August 9, 2023, when the Second Proclamation Relating to Wildfires was issued.

For the duration of this Emergency Proclamation, landlords are prohibited from increasing rents during a tenancy unless the rent increases are contained in a written agreement that was signed before this emergency period.  These pre-written rent increases may be given effect as agreed upon in writing. Landlords may pass on additional operating expenses to tenants and must be able to provide documentation for these expenses.

For the duration of this Emergency Proclamation, landlords are prohibited from terminating existing tenancies on the Island of Maui unless there is a material breach of the lease other than the tenant’s failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement. However, only tenants with month-to-month tenancies can be asked to move out if the property is sold to a bona fide third-party purchaser or if the landlord or an immediate family member of the landlord will occupy the residential unit.

Landlords are not prohibited from terminating a fixed-term lease when the lease term expires.

Upon forty-five days’ written notice, a landlord is also permitted to require a tenant to relocate for repairs to render the property fit for occupancy, provided that reoccupancy is offered to the tenant upon completion of the repair and the lease term is extended for a period equal to the duration of the repair.  The tenant is responsible for finding other accommodations during the repair period.

For the duration of this Emergency Proclamation, landlords must file an affidavit with the County Department of Housing and Human Concerns. It must be on a form provided by the Housing Division of the Department of Housing and Human Concerns.

The affidavit must: (1) be signed by the landlord under penalty of perjury; (2) state the tenancy must be terminated because the unit is being sold to a bona fide purchaser for value, or the landlord's immediate family member or landlord will occupy the unit; (3) state the purchase price and the purchaser's name, and be accompanied by a copy of the sales contract when the unit is being sold; (4) state when the landlord or an immediate family member will occupy the unit; (5) provide the names of the family members, state their relation to the landlord; describe in detail the reason the landlord or family member will occupy the unit; and (6) affirmatively state the landlord or family member is not receiving funds from the State, federal government, or private entity to house wildfire survivors in other properties they own.

Failing to perform an obligation under the rental agreement or lease, which constitutes the consideration for entering into the contract, such as failure to follow obligations, rules, and restrictions set by the landlord, willfully destroying, or damaging the dwelling unit, or allowing another to willfully destroy or damage the dwelling unit, may be material breaches of the lease.

If you have questions about whether conduct the constitutes a material breach of the lease, you may wish to consult an attorney.

These emergency restrictions apply only to residential leases and only on the island of Maui.

The restrictions will continue until December 7, 2024, unless terminated or superseded earlier. The Governor may increase the duration of these restrictions by issuing another proclamation.

These restrictions apply to residential leases on the entire island of Maui and are not limited to any specific location on Maui.

The Residential Landlord-Tenant Code (chapter 521, HRS) remains in effect throughout the State for the duration of this Emergency Proclamation, with two exceptions. For the Island of Maui only, certain laws are suspended to the extent necessary to prohibit legal actions to terminate a tenancy for a tenant’s failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement.

For the duration of this Emergency Proclamation, summary possession actions may not commence, continue, or be prosecuted on the Island of Maui if they involve terminating a tenancy for a tenant’s failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement.

Other than certain legal actions for summary possession on the Island of Maui, landlords and tenants may continue to file lawsuits affecting landlord and tenant rights on the Island of Maui and throughout the State.

No. For the duration of this Emergency Proclamation, hotels, motels, and condominiums are not considered landlords even if they temporarily house non-congregate shelterees. Similarly, persons displaced by the wildfire emergency who are temporarily housed in hotels, motels, and condos (i.e., non-congregate shelterees) are not considered tenants under state law for the duration of this Emergency Proclamation.

Yes. Condo owners are relieved from strict compliance with certain provisions of the governing documents that may limit the amount of time a unit can be rented.