As Hawaii continues to face the challenges posed by natural disasters, the recent end of the Governor's 19th proclamation relating to wildfires marks a significant shift in the state's emergency response framework. This proclamation was originally enacted to provide relief and resources to communities affected by wildfires, particularly in safeguarding housing and supporting those displaced. With its conclusion, landlords must now navigate the intricacies of the eviction process, especially in the wake of the unique challenges posed by the wildfire situation.
For landlords in Hawaii, understanding the nuances of the eviction process is crucial, particularly as the state transitions from emergency measures.
Here are the top seven points landlords should keep in mind as they proceed with evictions
- Know the Law: Familiarize yourself with Hawaii’s landlord-tenant laws and new legislation in Act 202. This foundation will help ensure compliance and protect against potential legal issues.
- Understand the Grounds for Eviction: Evictions can occur for various reasons, such as non-payment of rent, lease violations, or property damage. Ensure that the reason for eviction is valid according to state laws.
- Provide Proper Notice: State law requires landlords to provide 15 days of written notice to tenants before initiating eviction proceedings for non-payment of rent.
- Document Everything: Maintain thorough records of all communications with tenants, payment histories, and any relevant incidents. Clear documentation can serve as vital evidence in court if the eviction process escalates.
- Mediation: Before moving forward with eviction for non-payment of rent, mediation is mandatory.
- Apply for Rental Assistance Programs: If tenants are struggling to pay rent due to the recent wildfire impacts, explore available rental assistance programs. Offering support can foster goodwill and potentially prevent eviction.
- Be Aware of Emergency Protections: Even after the proclamation ends, check for any lingering protections or assistance programs that may still be available for tenants affected by wildfires.
Can Maui Law LLLC assist me with an eviction?
Eviction proceedings are oftentimes exceedingly difficult to navigate without an attorney. Attorney Jill L. Uehara has successfully litigated summary possession lawsuits on Maui, Molokai, and Oahu and has achieved favorable outcomes for many of her clients. Jill understands the stakes are high and circumstances are very emotional. Please reach out to Maui Law LLLC for assistance with your eviction proceeding and schedule a free consultation for peace of mind and the professional evaluation of your case.
This blog is for informational purposes only and is not legal advice.
