Mediation for Landlord-Tenant Disputes in Hawaii: Renter's Guide

If you're a renter in Hawaii facing a dispute with your landlord—such as disagreements over rent increases, evictions, or maintenance issues—mediation can offer a way to resolve problems without going to court. This guide explains how the mediation process works in Hawaii, the rights and responsibilities of tenants and landlords, and the steps to access official resources and forms.

What Is Mediation for Renters and Landlords?

Mediation is a voluntary process where a neutral third party (the mediator) helps renters and landlords communicate and attempt to reach a mutually acceptable agreement. Mediation can help resolve issues faster and with less stress than a formal court hearing.

When Can Renters Use Mediation in Hawaii?

In Hawaii, mediation can be used for many types of landlord-tenant issues, including:

• Disputes over lease terms or rent increases
• Eviction notices, especially for nonpayment of rent
• Maintenance and repair complaints
• Security deposit disagreements

The Hawaii Dispute Resolution Center and several community agencies work with the state to provide free or low-cost mediation services for renters. For a full list, visit the Office of Consumer Protection – Landlord-Tenant Information.

Official Tribunal Handling Landlord-Tenant Matters

The main tribunal for residential tenancy issues in Hawaii is the Hawaii District Courts – Landlord-Tenant Division. While mediation is encouraged and often required, formal disputes go through District Courts if not resolved.

Relevant Hawaii Tenancy Legislation

Hawaii renters and landlords are protected by the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521). This law covers rental agreements, notice requirements, eviction rules, security deposits, and the right to use mediation.

How Does the Mediation Process Work in Hawaii?

Mediation typically involves these steps:

• Either the renter or landlord contacts a Hawaii mediation center.
• The center will reach out to the other party to see if they agree to participate (mediation is voluntary unless court-ordered).
• If both agree, a mediator schedules a session—often online or by phone for convenience.
• During mediation, both parties discuss issues and try to reach a solution.
• If both sides agree, the agreement may be written up and signed. If not, parties can still proceed to court.

Key takeaway: Mediation is confidential and non-binding, unless both sides agree to a settlement in writing.

Hawaii Court Forms Involved in Mediation and Disputes

• Request for Mediation (Form DC-LT-3): Use this form to officially request court-sponsored mediation if your case is already filed with the District Court. For example, if you've received an eviction notice and a hearing is scheduled, you can submit this to pause proceedings and try mediation first. Download the Request for Mediation form.
• Landlord-Tenant Complaint (Form DC-CIV-101): If mediation does not resolve your issue, you may need to file a complaint to start a court case. The complaint form is used to formally begin proceedings with the District Court. Download the Landlord-Tenant Complaint form.

Always read form instructions carefully or consult mediation staff for assistance with completing and submitting forms.

How to Start Mediation as a Renter

• Contact a local mediation center directly, such as the Mediation Center of the Pacific or use the contact list at the Office of Consumer Protection.
• If your issue is already scheduled for court, submit the Request for Mediation (Form DC-LT-3) to the District Court as soon as possible.

FAQ: Mediation for Renters in Hawaii

1. Do I need a lawyer for mediation in Hawaii?
   No, you do not need a lawyer for mediation. However, you can bring one if you wish. Mediation is designed to be user-friendly for renters and landlords alike.
2. Is mediation free for Hawaii tenants?
   Yes, most community mediation services in Hawaii are free or low-cost for renters. If scheduled by the court, fees may be waived for those who qualify.
3. What happens if my landlord refuses mediation?
   Since mediation is voluntary unless court-ordered, your landlord can refuse to participate. In that case, your dispute will proceed to a court hearing if unresolved.
4. Will my rent increase or eviction be paused during mediation?
   If your mediation is connected to a court case, the process may temporarily pause ("stay") a scheduled eviction or rent dispute hearing. Always clarify the effect with the court or mediation center.
5. How do I get a copy of the mediation agreement?
   The mediator will provide both parties with a copy of any written agreement reached during the mediation session.

Conclusion: Key Takeaways for Hawaii Renters

• Mediation offers a confidential and affordable way for renters and landlords to resolve disputes without going to court.
• Hawaii offers several official mediation centers and supports court-connected mediation, especially for eviction cases.
• Always refer to the Hawaii Residential Landlord-Tenant Code for your rights and contact official resources for forms and help.

Getting help early can make a major difference in resolving conflicts and protecting your rights as a renter in Hawaii.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection – Landlord-Tenant Information: Rights, FAQs, and forms
• Hawaii State Judiciary – Landlord-Tenant Self Help: Court process and mediation
• The Mediation Center of the Pacific: Community mediation appointments
• Legal Aid Society of Hawaii: Free or reduced legal assistance for eligible renters

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. Hawaii District Court – Landlord-Tenant Information
3. Hawaii Office of Consumer Protection – Landlord-Tenant Program
4. Request for Mediation (Form DC-LT-3)
5. Landlord-Tenant Complaint Form (DC-CIV-101)

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