Attorney for Maui Landlords

Maui Law LLLC counsels and represents individual, business, and property management company landlords exclusively in legal matters relating to residential and commercial leases. Attorney Jill Uehara has extensive experience as a landlord attorney and a strong record of success in evictions and rent recovery. She helps landlords navigate the eviction process under Hawaiʻi’s recent Act 202, which requires Maui landlords to take specific actions before going to court for an eviction.

Jill takes a client-centered approach tailored to addressing the concerns and needs of her clients. Jill has lived on Maui for most of her life, so she knows and understands the local culture and communities. Her perspective and insight are great strengths in helping landlords address legal issues relating to Hawaiʻi landlord-tenant law. Jill applies her extensive legal knowledge while supporting her clients during the entire process. Maui Law LLLC serves clients throughout the State of Hawaiʻi.

Eviction Under Hawaiʻi Act 202

Effective February 5, 2025, landlords and tenants must comply with a new law governing evictions. Act 202 ends the Maui eviction moratorium imposed after the wildfires, replacing it with a new process that encourages landlords and tenants to negotiate agreements with the help of a mediator and avoid the summary possession court process of eviction.

As Maui transitions from the emergency measures imposed after the wildfires, landlords must pay careful attention to the nuances and mandates of the eviction process under Act 202. Navigating the process without legal representation can be a considerable challenge. Landlords are encouraged to consult with a knowledgeable attorney concerning the new process. Engaging in self-help could result in unintentional and unexpected adverse consequences. Landlord attorney Jill Uehara at Maui Law LLLC represents and advises individual landlords and property management companies with residential portfolios on compliance with the Act 202 mandates. She also advises commercial properties on other issues.

Act 202 process requires a landlord to send the tenant a written notice 15 days before initiating the eviction process. A copy of the Notice is sent to a state-funded mediation center per the Act. After receiving the Notice, the tenant has 15 days to schedule a mediation session, plus an additional two days if the Notice was mailed. If the tenant requests mediation and schedules it within 15 days, mediation is mandatory. The mediation does not need to occur within 15 days. It only needs to be scheduled in that timeframe. The landlord must wait 30 days from the date of the Notice to file an eviction case in court.

Act 202 also establishes time periods for overdue rent that are required before a landlord can file an eviction action. The time periods decreased over the first year after the effective date of the Act. The remaining time periods are from July 7, 2025, to February 4, 2026, when the overdue amount must be one or more months of rent.

Landlords should rely on a landlord attorney for advice before proceeding with an eviction that is subject to the Act. If you do proceed with an eviction (with or without legal counsel), keep these important points in mind:

• Learn the requirements of Hawaiʻi’s landlord-tenant laws, including Act 202, to ensure compliance with all applicable statutory rules.
• Understand the permissible reasons for eviction, such as non-payment of rent, lease violations, or property damage, and make certain the reason in your situation is valid under state law.
• Provide the written notice required by Act 202.
• Document everything, to be able to provide documentary evidence in court if the eviction process moves forward.
• Satisfy the mediation requirements of Act 202 before moving forward with eviction.
• If tenants are struggling to pay rent, explore rental assistance programs. Helping a tenant find rental assistance can foster goodwill and prevent eviction.
• Stay aware of emergency protections that may be available for tenants on account of the wildfires, as the state transitions from emergency measures.

Other Landlord-Tenant Law Issues

Landlord-tenant law is an extremely expansive and complex body of federal and state laws and regulations that cover a wide range of topics relating to the relationship between a landlord and tenant and the respective rights and responsibilities of each party. If you are a landlord, it is essential to have guidance and support from a knowledgeable landlord attorney, whether you are interested in pursuing eviction or need advice on a different issue relating to the rental. You can count on Maui Law LLLC to help with all your landlord-tenant law needs.