Information for Landlords
ACT 278 establishes a mandatory mediation process before eviction for nonpayment of rent. This guide explains your obligations under the law and how to navigate the mediation process efficiently.
Important: This program applies to evictions for nonpayment of rent only. Other eviction grounds (lease violations, property damage, etc.) are not affected by ACT 278.
What is ACT 278?
ACT 278 is a two-year pilot program (February 5, 2026 – February 4, 2028) that requires landlords to participate in mediation if a tenant requests it within 10 days of receiving an eviction notice for nonpayment of rent. Hawai`i State Legislature SLH2025_Act278.
New Eviction Timeline
- Notice Period: 10 calendar days.
- Tenant Mediation Request Window: 10 calendar days from receiving Notice.
- Mediation Scheduling: Within 10 days from the tenant’s receipt of the Notice (the mediation does not need to occur within the 10-day period, it must only be scheduled). If tenant schedules mediation within the 10 days, landlord cannot file eviction for 20 days from the Notice (this allows a window for the mediation to take place).
- Mediation Session: Mediation must take place within 30 days from the date the mediation center makes contact with the landlord or landlord’s agent and the tenant.
The mediation process
- Provide the Eviction Notice to the Tenant and the Community Mediation Center on the island where the rental property is located: The notice must inform the tenant of their right to request mediation; the Notice may be completed on this website and printed out to provide to the tenant.
- Wait for Tenant Response: Tenant has ten (10) days to request mediation. If tenant has not requested mediation within ten (10) days, then you may proceed with the eviction.
- Receive Mediation Notification: If tenant requests mediation, you will be contacted by a mediation center to schedule the session.
- Attend Mediation: Participate in the scheduled session. Mediation must take place within 30 days from the date the mediation center makes contact with the landlord or landlord’s agent and the tenant. Sessions will last up to 1.5 hours.
- Reach agreement or Proceed: If an agreement is reached, follow the terms. If there is no agreement, then you may proceed with the eviction.
Your Obligations
Mandatory Participation
If a tenant properly requests mediation within the 10-day window, you must participate before filing for eviction.
What Happens If...
The tenant doesn't request mediation within 10 days?
You may proceed with eviction after the 10-day notice period ends without a request for mediation.
The tenant fails to appear at mediation?
You may proceed with eviction and may seek repayment of mediation-related costs, including legal fees.
No mediation is scheduled within 10 days?
You may proceed with eviction after the 10-day notice period ends.
Mediation doesn't result in an agreement?
You may proceed with the eviction, 20 days from the date the tenant received the notice.
The tenant defaults on a mediation agreement?
You may file for eviction and seek repayment of mediation-related costs, including legal fees.
Benefits of Mediation
- Payment arrangements: May recover owed rent through agreed payment plans
- Faster resolution: Avoid lengthy court proceedings
- Lower costs: Mediation is typically less expensive than litigation
- Preservation of relationships: May reach agreements that allow good tenants to stay
- Flexibility: Create customized solutions that courts can't order
Preparing for Mediation
Gather Documentation
- Copy of the lease agreement
- Record of rent payments and amounts owed
- Copy of the eviction notice with proof of delivery
- Any relevant communications with the tenant
Determine Your Goals
- What outcome would be acceptable? (full payment, payment plan, move-out date)
- What is your minimum acceptable resolution?
- What are your constraints? (mortgage, other tenants, property needs)
During the Session
- Stay professional and focused on solutions
- Listen to understand the tenant's situation
- Be realistic about what the tenant can commit to
- Get any agreements in writing
Frequently Asked Questions
How Much Does Pre-filing Eviction Mediation Cost?
There is no cost for landlord or tenant to participate in the Program.
Can I send a representative to mediation?
Yes, you may have a property manager or authorized agent participate on your behalf. Ensure they have authority to make binding decisions.
Can I bring a lawyer to mediation?
While mediation is informal and lawyers aren't required, you may choose to have legal representation. The tenant may also have representation. Landlord and tenant are responsible for their own legal fees.
What does it mean that mediation is confidential?
Statements made in mediation cannot be used in court if no agreement is reached.
Which center handles my case?
Cases are handled by the mediation center on the island where the rental property is located. See contact page for the center serving each island.
For questions about the mediation process or to submit a mediation request, contact us or reach out to your local mediation center.