Office of Consumer Protection

ACT 278 is a two-year pilot program (February 5, 2026 – February 4, 2028) that requires landlords to participate in mediation if a tenant requests it within 10 days of receiving an eviction notice for nonpayment of rent. Hawai`i State Legislature SLH2025_Act278.

The purpose of Act 278 is to encourage landlords and tenants to engage in conversations early, as soon as tenants are unable to pay their rent. Through mediation, landlords and tenants can work out a payment plan or other agreements with the help of an impartial mediator and avoid the eviction process.

To implement the Program the Hawaii State Judiciary contracted with Mediation Centers of Hawaii, a community-based organization comprised of the five community mediation centers located throughout the State including: Kauai Economic Opportunity Mediation Program; Ku`ikahi Mediation Center in East Hawaii; Maui Mediation Services; The Mediation Center of the Pacific on Oahu; and West Hawaii Mediation Center.
When a tenant is behind on their rent, the landlord must provide an eviction Notice to the tenant and submit a Landlord Intake Form with the Notice to the Mediation Centers of Hawaii website at https://www.mediationcentersofhawaii.org/. The Notice must include specific language notifying the tenant that they may request mediation.

Landlords may access the Notice templates for each island by clicking on the appropriate link available on the Mediation Centers of Hawai`i website that will take you directly to the form to complete. Once the Notice is created, Landlords must provide the Notice to the tenant and then upload the Notice through the Mediation Centers of Hawai`i website https://www.mediationcentersofhawaii.org/ with the required Landlord Intake Form.

Landlords must go to the Mediation Center of Hawai`i website at: https://www.mediationcentersofhawaii.org/ to complete a Landlord Intake Form and upload the Notice. Through the website, the Notice will be directed to the mediation center on the island where the rental property is located. Landlords should not mail, email, or drop off Notices at the offices of the individual mediation centers.

The tenant has ten (10) calendar days from the date of the receipt of the Notice, to request and schedule a mediation session. If the tenant has not requested mediation within ten (10) days, then the landlord may proceed with the eviction.

Mediation provides landlord and tenant with the opportunity to have an informal conversation guided by an impartial mediator. The mediator doesn't take sides or make decisions; they help the participants communicate and explore solutions through the following process:
Opening: Generally, the tenant and the landlord meet with the mediator together to share their perspectives. A participant may request to start in a private session with the mediator only.
Private Discussions: Following the opening the mediator will move to private discussions with tenant and landlord.
Problem-solving: Through private and/or joint discussions, the mediator will help the tenant and landlord explore possible solutions.
Agreement: If an agreement is reached, the mediator will put it in writing for the landlord and tenant to sign.

The landlord may proceed with eviction after the 10-day notice period ends without a request for mediation.

The landlord may proceed with eviction and may seek repayment of mediation-related costs, including legal fees.

The landlord may proceed with eviction after the 10-day notice period ends.

The landlord may proceed with the eviction, 20 days from the date the tenant received the Notice.

The landlord may file for eviction and seek repayment of mediation-related costs, including legal fees.

There is no cost for a landlord or tenant to participate in the program.