July 14, 2025 This FAQ is for informational purposes only. Hawai‘i REALTORS® does not intend to create or confirm an attorney-client relationship, nor furnish legal advice, by providing this FAQ. Hawai`i REALTORS® specifically disclaims any liability, loss, or risk, personal or otherwise, that may be incurred as a consequence, directly or indirectly, of the information provided herein. Please keep in mind that these issues are subject to change and Hawai`i REALTORS® is under no obligation to update this information and makes no warranty as to the accuracy or currentness of this information. 1. What is Act 278 about? Senate Bill 825, CD1 was signed into law as Act 278 (2025) on July 2, 2025. This law establishes a two-year pilot program for early mediation between landlords and tenants before eviction proceedings for nonpayment of rent. It’s similar to Act 57 (2021), that temporarily created an eviction mediation process during the COVID-19 pandemic. Since this is a pilot program, the Judiciary will be required to report to the Legislature on the effectiveness of the program and whether it should continue. 2. When does this bill take effect? This measure takes effect on February 5, 2026, and is repealed on February 4, 2028. 3. What are the key changes for landlords, landlord agents, and tenants? • Permanently extends the eviction notice period from 5 business days to 10 calendar days. This provision does not get repealed. • Requires early mediation before filing for eviction if a tenant schedules mediation. • Both parties must cover their own legal/mediation costs. If a tenant defaults on a mediated agreement, the landlord may seek attorney’s fees in court. • Detailed notice requirements must be given to both the tenant and to the free, state-funded mediation center. • Once notice is given, an eviction proceeding may be filed in as few as 10 days (where a tenant does not respond at all) or 20 days (even if/when mediation proceedings are pending). 4. What must be included in the 10-day eviction notice? The notice must include: • Name of the landlord or landlord’s agent and names of all tenants on the rental agreement. The contact info should include, if possible, the phone number, e-mail, and mailing address. • Address of the dwelling unit subject to the rental agreement. • Current amount of rent due as of the date of the notice, after applying all rent paid from all sources. • Notice that a copy of the 10 day calendar notice is also being provided to a state-funded mediation center for the mediation center to contact the landlord, or landlord’s agent and tenant to schedule a mediation regarding nonpayment of rent. • Notice that the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within 10 calendar days after the tenant's receipt of the 10 calendar day notice, regardless of whether the scheduled mediation session occurs within the 10 calendar days; • Notice that the landlord or landlord’s agent shall engage in mediation if scheduled. • A warning in bold typeface print in substantially the following form: If mediation is not scheduled within ten calendar days after receipt of this notice, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent may file an action for summary possession after the expiration of the ten‑calendar-day period. If mediation is scheduled before the expiration of the ten-calendar-day period, regardless of whether the scheduled mediation session occurs within the ten calendar days, the landlord or landlord's agent shall only file an action for summary possession after the expiration of twenty calendar days following the tenant's receipt of the ten‑calendar-day notice unless you (tenant) fail to attend or cancel mediation. If the ten‑calendar‑day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting. If the ten‑calendar‑day notice was mailed, receipt of notice shall be deemed to be two business days after the date of the postmark. If filing an action for summary possession, the landlord or landlord's agent shall be required to note, in the summary possession complaint, the status of the mediation or settlement effort and proof of posting or sending the ten‑calendar-day notice to the mediation center." 5. Where can I get a copy of this notice? The Judiciary must prepare a notice form that may be used by landlords and landlord’s agents to provide the information required and make the form available on its website. 6. When does a tenant receive notice? Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit, and the notice shall be deemed received on the date of the posting. If the notice is mailed to the tenant by United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord or landlord's agent as undeliverable. If the tenant remains in default after the expiration of the time stated in the notice, the landlord may bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession, subject to this section. 7. What happens if mediation is scheduled? • Landlords must delay eviction filings for 20 calendar days from the date the tenant received the notice. • Mediation must be scheduled within 10 days of tenant receiving the notice and completed within 30 days of initial contact by the mediation center. 8. What are some mediation centers by island? The following is a website of mediation centers by island: View List The available mediation centers at the website link above are: • O‘ahu – The Mediation Center of the Pacific • Hawai‘i Island – Ku‘ikahi Mediation Center and West Hawaii Mediation Center • Maui – Maui Mediation Services. • Kaua‘i – Kaua‘i Economic Opportunity Mediation Program 9. Can mediation be done remotely? Yes. Mediation may take place in-person or remotely if requested. 10. What happens if no mediation is scheduled? If no mediation is scheduled within 10 days, the landlord can proceed with eviction after the 10-day notice period ends. 11. What if the tenant fails to show up or defaults on the agreement? The landlord may then: • File for eviction • Seek repayment of mediation-related costs, including legal fees 12. What if the mediation doesn’t result in a settlement? The landlord may file for eviction after 20 days from notice receipt without needing further mediation. The landlord or landlord’s agent shall file a summary possession proceeding after the expiration of 20 calendar days from the date of the tenant’s receipt of the 10-calendar day notice. Courts may in its discretion and based on finding of good cause order additional mediation. 13. Is this a permanent law? No. It’s a temporary pilot program. The Judiciary will report to the Legislature after the pilot ends with findings and recommendations about whether it should be made permanent. We advocated for data collection to determine if this program is effective.