Rights & public space

Behind on rent in Hawaiʻi: the ten-day notice and free eviction mediation

Rights & public space · Published 2026-10-29

For a renter who falls behind, the days after a missed payment decide a great deal: whether the arrears can be worked out, or whether the household heads toward court and possibly homelessness. A 2025 law, Act 278, changed them for a two-year pilot: tenants now get more time and a guaranteed chance at free mediation before a landlord can go to court.

The law in one paragraph

Act 278 of 2025 amended section 521-68 of the Hawaiʻi Revised Statutes, part of the Residential Landlord-Tenant Code. From February 5, 2026, a landlord who wants to end a rental agreement for unpaid rent must give the tenant written notice of at least ten calendar days (previously five business days), must send a copy of the notice to a state-funded mediation center that offers free landlord-tenant mediation, and generally cannot file for eviction while mediation is being arranged. The pilot runs until February 4, 2028. When it ends, most of the mediation provisions expire, but the ten-day notice period stays.

Why the Legislature acted

The Act explains that a similar law passed during the pandemic, Act 57 of 2021, substantially increased the number of disputes settled in mediation without any eviction case being filed, and the number of agreements that let tenants stay in their homes. Those provisions had expired. Act 278 brings back what it calls "the most effective provisions" for two years and funds the Judiciary to contract for mediation services, with $1,250,000 appropriated for each of fiscal years 2025–26 and 2026–27.

Step by step

1. The ten-calendar-day notice

Any time after rent is due, the landlord may demand payment and give written notice that the rental agreement will end unless payment is made within at least ten calendar days. The notice must include:

• the landlord's or agent's name and contact information;
• the address of the rental unit;
• the names and contact information of all tenants on the agreement;
• the amount of rent currently due, after applying all rent paid from all sources;
• a statement that a copy is being sent to a state-funded mediation center, which will contact both sides to schedule mediation;
• a bold-type warning explaining the mediation deadlines.

The Judiciary publishes a form landlords may use. A notice posted on the door is treated as received on the day it is posted; a notice sent by U.S. mail is treated as received two business days after the postmark.

2. Scheduling mediation

The landlord must also send the notice to a mediation center. If mediation is scheduled within the ten days (even if the session itself happens later) and the tenant takes part, the landlord may not file an eviction case until 20 calendar days after the tenant received the notice, unless the tenant fails to appear or cancels. If the tenant schedules mediation, the landlord must participate. Mediation must take place within 30 days of the center reaching both parties, and can be held in person, remotely or both.

3. If mediation is not scheduled

If no mediation is scheduled within the ten days and the rent is still unpaid, the landlord may file for "summary possession" (the court process for eviction) after the ten days run out.

4. If mediation does not produce an agreement

The landlord may file without further mediation, but still only after the 20-day period. After filing, a court may order additional mediation for good cause.

5. In court

A complaint for nonpayment must include proof that the notice was sent to the mediation center, and the date of any scheduled mediation. Minor, unintentional defects in a notice can be corrected without the case being dismissed.

Costs

Mediation through the state-funded centers is free. Each side pays its own costs, including any lawyer, for the mediation stage. If a tenant defaults on a mediated agreement or fails to attend a scheduled session, the landlord may seek those costs, including reasonable attorneys' fees. An action based on a broken mediated agreement does not require further mediation or a new ten-day notice.

Practical advice for tenants

• Do not ignore the notice. The ten-day window is the most important protection the law gives you.
• Call the mediation center right away if the landlord's notice names one, or contact the Judiciary or 211 to find the right center.
• Gather records: your lease, receipts, bank statements and any messages with the landlord.
• Look for rental assistance at the same time. Mediation often works best when part of the arrears can be paid. Aloha United Way's 211 line can point to programs open at the time.
• Keep commitments realistic. A payment plan you cannot keep may lead to an eviction case later, without another round of mediation.

Practical advice for landlords

• Use the Judiciary's form, which includes all required information.
• Keep proof of posting or mailing, and of sending the notice to the mediation center.
• Remember that the pilot does not change other rights and duties under the Landlord-Tenant Code, such as rules for notices that are not about unpaid rent.

Why this matters for homelessness

With nearly half of Honolulu renters paying 35% or more of their income in rent (see rent burden in Honolulu), a single missed payment is a common route into crisis. Preventing an eviction is far cheaper and less harmful than rehousing a family after it, and an eviction case can make the next rental, and voucher-funded rentals (see Section 8 on Oʻahu), harder to secure. The Judiciary must report to the Legislature within 90 days after the pilot ends, with a recommendation on whether to make it permanent.

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