Act 202 FAQ’s

GENERAL INFORMATION ABOUT ACT 202

On February 4, 2025, the eviction moratorium (ban) on Maui Island will end. After the moratorium ends, landlords and tenants will follow a new law passed this year called Act 202 starting on February 5, 2025.

What is Act 202?

Act 202 provides tenants with the option of mediation to avoid eviction. Mediation is not required but becomes a mandatory step only if the tenant requests mediation and schedules it within 15 days after receiving the landlord’s eviction notice.

What is mediation?

Mediation is a process where opposing parties can resolve conflicts without going to court, and gives participants the most input into the outcome of their case.  An impartial, trained mediator helps the parties negotiate agreements that work for them.

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.

When will Act 202 take effect?

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.

 

 

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 the website: https://mauimediation.org/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: (enter in the Plaintiff/Initiator information section)

  • First and last name
  • Email address
  • Phone number
  • Mailing address

Landlord information: (enter in the Defendant/Respondent information section)

  • First and last name
  • Email address
  • Phone number
  • Mailing address

Additional information:

  • 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”)
  • Comments (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.

For community-based legal resources, please visit Maui Recovers’ Legal Resources:  https://intercom.help/mauirecovers/en/collections/6753829-legal-scams.

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, the tenant must schedule a mediation within 15 days. 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.

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.