Landlord Tenant

The Hawaii Residential Landlord-Tenant Information Center

The Office of Consumer Protection (OCP) operates the Hawaii Residential Landlord-Tenant Information Center. This free service offers information to the general public about Hawaii’s Residential Landlord-Tenant Code. Callers can access the Information Center by calling one of the numbers listed below between 8:00 AM and 12:00 Noon, Monday-Friday (Except during State Holidays). Messages left at the Information Center by 12:00 Noon will returned on the same day:

Honolulu Office (Oahu/Kauai): (808) 586-2634
Maui Office (Maui/Molokai/Lanai): (808) 243-4648
Hilo Office (Hawaii Island): (808) 933-0910

Calls to the Residential Landlord-Tenant Information Center are for informational purposes only and are limited to the Hawaiʻi Residential Landlord-Tenant Code (HRS Chapter 521). The information provided does not constitute legal advice.
For legal assistance or advice regarding specific landlord-tenant matters, please consult an attorney or a qualified legal professional.

Residential Landlord-Tenant Code
Chapter 521 Residential Landlord-Tenant Code of the Hawaii Revised Statutes
Residential Landlord-Tenant Handbook (PDF)


Updated 1/6/24

MAUI EVICTION MORATORIUM INFORMATION AND RESOURCES

The eviction moratorium (ban) on Maui Island will end on February 4, 2025. The ban was put in place after the Lahaina and Kula wildfires. After the moratorium ends, landlords and tenants will follow a new law passed this year called Act 202, starting on February 5, 2025.

Act 202 Frequently Asked Questions (FAQs)

Download a PDF copy of the FAQs

NOTE: This is not legal advice. This is only a simplified summary of parts of Act 202. This does not cover or apply to all situations. You should seek legal advice if you are a landlord or a tenant.

Does this mean tenants who haven’t paid their rent will be evicted immediately?

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.

Understanding 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.

When will Act 202 take effect?

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.

Why was this law passed?

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.

What is mediation?

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.

What is litigation?

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

MEDIATION PROCESS

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.
Who is responsible for mediation costs?

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.

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

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

What is the Act 202 process?

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.

What happens if a tenant does not respond to the notice?

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.

What are the conditions under which a landlord can evict their tenant?

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
Do tenants have to leave their homes by the date on the written notice?

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 INFORMATION: Maui Mediation Services

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

ADDITIONAL RESOURCES AND ASSISTANCE

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)

Resources

Government Agencies

CFPB’s Rental Assistance Finder
Hawaii Civil Rights Commission
Hawai’i State Judiciary – Self-Help – Landlord-Tenant Claims
Mediation/Alternative Dispute Resolution
Mediation Centers
Office of Hawaiian Affairs
State of Hawaii, Self-Help Center

Non-Profit Organizations

Aloha United Way (AUW)
Catholic Charities
Hawaii Appleseed Center for Law and Economic Justice
Hawaii Disability Rights Center
Hawaii LGBT Legacy Foundation
Legal Aid Society of Hawaii (LASH)
Mediation Center of the Pacific
Mutual Housing Association of Hawaii
National Low Income Housing Coalition HI Chapter
Volunteer Legal Services Hawaii
Women Helping Women

Real Estate Industry

Honolulu Board of Realtors
Kauai Board of Realtors
Hawai’i Association of Realtors
Hawai’i Island Realtors
Realtor Association of Maui
Institute of Real Estate Management (IREM) Hawaii Chapter
National Association of Residential Property Managers (NARPM) Oahu Chapter

Mediation Centers

Mediation Center of the Pacific - Oahu
Kauai Economic Opportunity Mediation Services - Kauai
West Hawaii Mediation Center - Hawaii Island
Ku'ikahi Mediation Center - Hawaii Island
Maui Mediation Services - Maui