Information for Tenants
If you've received an eviction notice for nonpayment of rent, you have the right to request mediation under Hawai`i's ACT 278 program. Mediation can help you and your landlord find a solution that works for both parties.
You have options. ACT 278 gives you the right to request mediation before your landlord can proceed with eviction. This guide will help you understand the process.
What is ACT 278?
ACT 278 is a pilot program that requires landlords to participate in mediation if a tenant requests it after receiving an eviction notice for nonpayment of rent. The program runs from February 5, 2026 through February 4, 2028. Hawai`i State Legislature SLH2025_Act278.
Your Rights Under ACT 278
- You have 10 calendar days from receiving an eviction notice to either pay rent or request mediation
- If you request mediation within the 10 calendar day period, your landlord must participate before they can file for eviction
- Mediation can be conducted in-person or remotely at your request
How to Request Mediation
- Act quickly: You must request mediation within 10 calendar days of receiving your eviction notice for nonpayment of rent.
- Contact the mediation center: Call the mediation center that serves the community where your rental unit is located and you reside. Let them know you want to request mediation under ACT 278.
- Provide information: Be ready to share your landlord's contact information, details about your rental, and a copy of the eviction notice if you have it. Be sure to save the envelope the Eviction Notice was mailed in to show the postmarked date you received the Notice. The postmark starts the 10-day timeline.
- Wait for scheduling: The Mediation Center will contact your landlord and schedule a session.
- Attend mediation: Participate in the scheduled session. The 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. If you fail to show up for the scheduled mediation, your landlord can move forward with the eviction process and collect the costs they incurred trying to mediate, including attorneys fees.
What Happens in Mediation?
Mediation is an informal conversation between you and your landlord, guided by a neutral mediator. The mediator doesn't take sides or make decisions—they help you communicate and explore solutions.
What to Expect
- Opening: Generally, you and the landlord will meet with the mediator together to share your perspectives. You may request to start in a private session with the mediator only.
- Private Discussions: Following the opening the mediator will move to private discussions with you and the landlord.
- Problem-solving: Through private and/or joint discussions, the mediator will help you explore possible solutions with your landlord.
- Agreement: If you reach an agreement, the mediator will put it in writing for you and the landlord to sign. NOTE: If you did not follow the terms of the mediated agreement, the landlord will move forward with the eviction and collect attorneys fees and costs for participating in mediation and the eviction process.
Sessions will last up to 1.5 hours.
Possible Outcomes
Mediation can result in various agreements, such as:
- A payment plan to catch up on overdue rent
- Agreement on a move-out date that works for both parties
- Resolution of other issues affecting the rental relationship
What if mediation doesn't work? If you don't reach an agreement, your landlord may proceed with eviction.
Preparing for Mediation
To get the most out of mediation, come prepared:
Before Your Session
- Gather any relevant documents (lease, payment records, communications with landlord)
- Think about what outcome would work for you
- Consider what you can realistically offer or commit to
- Make a list of questions you want to address
During the Session
- Listen respectfully, even if you disagree
- Stay calm and focus on solutions
- Be honest about your situation and limitations
- Ask questions if you don't understand something
Frequently Asked Questions
Do I need a lawyer for mediation?
No, you aren’t required to have a lawyer. If you do hire a lawyer, tenant and landlord must pay their own attorney fees.
What Does Mediation Cost?
There is no fee for tenant or landlord to participate in pre-filing eviction mediation.
What if I miss the 10-day deadline to request mediation?
If you miss the deadline, you lose the right to require landlord participation in mediation before eviction.
Additional Resources
- Legal Aid Society of Hawai`i - Free legal assistance for qualifying individuals
- Aloha United Way 211 – Potential rental assistance or assistance with alternate living arrangements
- Find your local mediation center - Contact information for all islands
Ready to Request Mediation?
Contact your local mediation center to start the process.
Find Your Center