As Maui’s eviction moratorium is set to expire Feb. 4, Gov. Josh Green in a news release highlighted a new law designed to help tenants and landlords resolve disputes through mediation before resorting to court action.
The eviction moratorium was implemented in all of Maui County in response to the Aug. 8, 2023, Lahaina and Kula wildfires. However, starting Feb. 5, landlords and tenants are expected to comply with Act 202, which aims to prevent immediate evictions by offering a fair and structured process for addressing overdue rent issues.
Signed into law July 5, it seeks to strike a balance between the rights of landlords and tenants by providing a platform for them to negotiate agreements with the assistance of a neutral mediator, helping them avoid the court process and reach a resolution outside of litigation.
The law was passed in response to the financial hardships faced by many tenants, including those displaced by the recent wildfires, which have made it difficult for them to pay rent.
“The end of the eviction moratorium marks a significant milestone in Maui’s recovery, but it’s essential that we provide a compassionate and structured way forward,” Green said in the news release. “Act 202 offers a way forward, prioritizing fairness and understanding for both landlords and tenants.”
Tenants are not required to leave their homes by the date specified in the written notice. Eviction can take place only after a judge issues an official order granting the landlord permission to evict the tenant, according to the release.
Landlords are generally prohibited from physically removing tenants, handling their personal property, changing the locks or shutting off utilities without legal authorization.
Starting Feb. 5, both landlords and tenants will have the opportunity to engage in free, state-funded mediation through Maui Mediation Services before eviction cases are filed in court.
Mediation offers an alternative way for opposing parties to resolve disputes without resorting to court action. In this process an impartial mediator facilitates dialogue between the parties, helping them negotiate solutions that work for both sides.
The mediator does not make decisions or dictate outcomes; instead, the decision to reach an agreement is entirely up to the parties involved. The approach encourages collaboration and can often result in faster, more satisfactory resolutions than going through the court system.
The mediation is not mandatory unless the tenant requests it and schedules it within 15 days of receiving the landlord’s notice of overdue rent.
If a tenant fails to respond or attend their scheduled mediation, the landlord can proceed with filing for eviction immediately.
The mediator helps both parties reach a voluntary agreement regarding overdue rent or eviction but does not take sides or give legal advice.
If an agreement is reached, the mediator will document the terms in writing.
This mediation process — funded by state resources — is free for both landlords and tenants. In addition, a phased approach will be implemented to ease the workload at Maui Mediation Services and provide tenants more time to resolve their rent issues before facing eviction.
Initially, landlords cannot begin eviction proceedings unless a tenant is at least four months behind on rent. In the subsequent months the thresholds will be lowered: Landlords may issue notices to tenants who are three months behind in the second month, two months behind in the third month and one month behind in the fourth month, according to the news release.
The approach ensures tenants have ample time to address overdue rent while also managing the volume of cases at mediation services.
Landlords are required to give tenants written notice, which also must be sent to Maui Mediation Services.
Once the tenant receives the notice, they have 15 days to schedule mediation, with the mediation session itself to be arranged within that period. If the tenant fails to engage, the landlord can file for eviction 30 days after the notice is sent.
Act 202 also includes a 30-day waiting period after the notice is issued, allowing time for mediation before eviction proceedings begin.
If a lawsuit is filed, the court process typically takes six to eight weeks before an eviction order is issued, potentially longer if a trial is requested.
The mediation timeline is based on the amount of overdue rent. Tenants with the highest overdue balances will be prioritized for quicker resolution, though they are not limited to a single mediation period:
w Feb. 5 to March 6: Tenants owing four months of rent or more
w March 7 to May 6: Tenants owing three months of rent or more
w May 7 to July 6: Tenants owing two months of rent or more
w July 7 to Feb. 4, 2026: Tenants owing one month’s rent or more
