Landlord Tenant Information Center - DCCA Hawaii

Housing Information

Hawaii Residential Landlord-Tenant Information Center

The Office of Consumer Protection (OCP) operates a free service providing information on Hawaii’s Residential Landlord-Tenant Code

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Monday - Friday, 8:00 AM - 12:00 Noon

(Closed state holidays)

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Important to Know

This service provides general information about Hawaii’s Residential Landlord-Tenant Code (HRS Chapter 521) only. The information provided does not constitute legal advice. For specific legal guidance, consult an attorney…

New Law Requires Mediation Before Resorting to the Courts for a Non-Payment of Rent Eviction

Landlords and tenants are required to follow a new law passed in 2025, called Act 278, beginning on February 5, 2026. Act 278 establishes 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.

ACT 278 Frequently Asked Questions (FAQs)

These FAQs were prepared by the Mediation Center of the Pacific. Additional information is available at https://www.mediationcentersofhawaii.org/. The Office of Consumer Protection is not your attorney and cannot provide you with legal advice.

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 Hawai`i 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 Hawai`i 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 Hawai`i 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.

FAQs for Residential Landlords and Tenants on the Island of Maui

What you should know about your rights after the 20th Wildfires Emergency Proclamation, issued on February 4, 2025

Restrictions on rent increases 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.

There are no restrictions, however, landlords and tenants must follow the procedures outlined in Act 202.

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.

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

The restrictions will continue until April 5, 2025, 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.

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.

These FAQs constitute guidance from the Office of Consumer Protection. This guidance is non-binding. The Office of Consumer Protection is not your attorney and cannot provide you with legal advice