Landlord Tenant FAQsPosted on Jul 15, 2021 in Main
The Office of Consumer Protection has created FAQs pertaining to how these provisions impact their legal relationship. The guidance provided is current as of June 30, 2021, and may be subject to change per actions taken at the state and/or federal level.
Landlord Tenant FAQs
- Name and all contact information of the landlord
- Address of the residential rental property
- Name and contact information of all tenants, if possible
- Monthly rental rate
- Current outstanding balance of rent due, minus any payments made or rental assistance received
- A statement that the landlord has applied for rental assistance or has been contacted by an agency providing rental assistance
- A statement that rental assistance has been credited to the tenant’s amount due
- A statement that a copy of the notice is being provided to the relevant mediation center so that the mediation center may contact the tenant to schedule a mediation regarding the nonpayment of rent [include contact information for the applicable mediation center]
- A statement that the mediation center will provide proof to the landlord that the eviction notice was received by the mediation center and a confirmation of any scheduled mediation
- A statement that the landlord can file the eviction in court after 15 calendar days if the mediation is not scheduled during the 15-day period, whether or not mediation is scheduling during or after the 15 calendar days
- A warning, in bold, stating that if mediation is timely scheduled with the tenant during the 15-day period (even if the actual mediation cannot occur until later), then the landlord has to wait 30 calendar days to file an eviction action if mediation was timely scheduled. The notice will include that the landlord must note the status of the mediation and proof of providing the notice when a case is filed in court. If notice is mailed, the 15 days starts 2-days after postmark; if
- A statement that the eviction may be subject to other state or federal law restrictions or requirements and that the tenant is encouraged to seek their own legal advice
- A statement that if mediation is scheduled, the landlord must engage in the mediation
4+ months behind on rent: Eviction may be filed August 7, 2021 to September 5, 2021
3 months behind on rent: Eviction may be filed September 6 to November 5, 2021
2 months behind on rent: Eviction may be filed November 6, 2021 to January 5, 2022
1 month behind on rent: Eviction may be filed January 6 to August 6, 2022
Hawai‘i County: www.HawaiiCountyERAP.org
Kauai County: https://kauairenthelp.com/
Maui County: https://www.mauicounty.gov/2438/Maui-County-Emergency-Rental-Assistance
Department of Hawaiian Homelands (DHHL) Emergency Rental Assistance Program: www.hawaiiancouncil.org/dhhl. Must be on DHHL waitlist or have an undivided interest and meet federal program requirements.
Oahu: Mediation Center of the Pacific at 808-521-6767
East Hawai‘i: Ku‘ikahi Mediation Center at 808-935-9844
West Hawai‘i: West Hawai‘i Mediation Center at 808-885-5525
Maui County: Maui Mediation Services at (808) 244-5744
Kauai: Kauai Economic Opportunity, Inc. Mediation Program at (808) 245-4077 x229 or x237
Pursuant to the Proclamation, a landlord may not terminate any tenancy for a residential dwelling unit for a breach of a material term of a rental agreement or lease, resulting from a failure to pay all or any portion of the rent, maintenance fees, utility charges, taxes or other fees required.
The Proclamation also specifically suspends the law governing summary possessions contained in Chapter 666 of the Hawaii Revised Statutes. In particular, it prohibits a landlord from commencing, continuing, or prosecuting an action, to terminate any tenancy for a residential dwelling unit, for failure to pay all or any portion of the rent, maintenance fees, utility charges, taxes or other fees required for the residential dwelling unit.
The Hawaii Judiciary also has issued several orders that impact the ability of Landlords and their agents to use legal process to evict a Tenant, including those relating to matters for the non-payment of rent.
If a tenant has caused physical harm, bodily injury, or assault; has made threats of physical harm, bodily injury, or assault; or engaged in harassment as defined by law, a landlord may go to court to seek relief, including petitioning the court for a Temporary Restraining Order (TRO) against the tenant.
If a landlord has caused physical harm, bodily injury, or assault; has made threats of physical harm, bodily injury, or assault; or engaged in harassment as defined by law, a tenant may go to court to seek relief, including petitioning the court for a TRO against the landlord.
Please see the following link for information related to the district court in your jurisdiction:
The Federal Housing Administration (FHA) also announced another extension of its eviction moratorium in response to economic hardships from COVID-19; the eviction moratorium now extends through September 30, 2021 for foreclosed homeowners and their occupants with FHA-insured single-family mortgages. Note that the foreclosure moratorium expired on July 31, 2021.
Renters seeking information on whether they are covered by the moratorium should contact Legal Aid Society of Hawaii or a HUD approved housing counselor. You can find the nearest housing counselor here https://www.consumerfinance.gov/find-a-housing-counselor/ or by calling (800) 569-4287.
More information on lookup tools for renters interested in checking if a property is financed by Fannie Mae or Freddie Mac is available through the Federal Housing Finance Agency.
Legal Aid Society of Hawaii can also be contacted at 808-536-4302 or 1-800-499-4302 (neighbor islands).
The Department of Human Services shared information on its website about the Low Income Home Energy Assistance Program and other COVID-19 financial assistance available to help Hawaii’s utility customers. Please visit https://humanservices.hawaii.gov/bessd/liheap/.
- File a Consumer Complaint
- Landlord – Tenant Information
- COVID-19 Resources
- Provide Legal Services to the Office of Consumer Protection
- Consumer Resources
- Keep Kids Safe Online
- How to Obtain a Free Credit Report
- Check Out A Business Online
- Sign Up for the Do Not Call Registry to Reduce Telemarketing Calls
- Mortgage Foreclosure Information
- Mortgage Foreclosure Dispute Resolution (MFDR) Program
- Information on Extended Warranties
- Security Breach Notices
- Towing Rights
- Unaccredited Degree Granting Institutions
- Forms and Brochures
- Other related websites