Kailua Kona, HI asked in Landlord - Tenant, Appeals / Appellate Law, Civil Litigation and Civil Rights for Hawaii

Q: Are landlord required to notify tenants when a writ of possession is issued after default summary possession

Default was granted when answer was unable to be filed do to medical emergency

1 Lawyer Answer
Mark Simonds
Mark Simonds
  • Landlord Tenant Lawyer
  • Haiku, HI
  • Licensed in Hawaii

A: What makes this question unusual is the date of same, March 5, 2022. In July of last year, Governor Ige signed into law Act 57, which required landlords and tenants to avail themselves to mediation prior to landlords filing eviction proceedings based upon non-payment of rent. Typically, landlords are required to notify tenants of their right to mediation prior to filing summary possession actions, as well as who to contact. Your local mediation center is required to also receive a copy of the 15-day notice. As this is the state of the law as of the date of your question, I am lead to wonder whether your landlord and the court followed the correct procedures.

If there was another basis for eviction, that does not involve non-payment of rent, you may have other legal rights. Without more information, I cannot provide more guidance.

These are difficult times that we are in, and coming out of. I wish you all the best moving forward.

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