Last updated 8/10/2020
Illegal LockOut Court Form
Your landlord cannot change the locks or otherwise lock you out of your rental unit without a court order, even if you have not paid your rent. A landlord is subject to paying you damages of up to 2 months rent, costs, and attorney fees if the landlord is found to have illegally locked out a tenant.
State of Hawai`i Eviction Protection: When the State Court moratorium on evictions ends (as of now August 31, 2020), if you cannot pay your rent, the landlord can provide you a 5 business day notice for non-payment of rent and then start the evictions process. However, if there is a Federally Backed Mortgage Loan on the property you are renting, the Federal Eviction Moratorium Protection still applies as noted below, even when the State eviction moratorium is lifted, including a 30-day notice rather than 5 business day notice for non-payment.
Federal Eviction Moratorium Protection: The Hawaii State eviction moratorium ending on August 31, 2020 (as of now) overlaps the Federal Eviction Moratorium protections. That means that the Federal Eviction Moratorium (which expired on July 25) still provides protection if you are in a property with federally backed mortgages or with federal subsidy by being part of a federal housing program by requiring that a tenant receive 30-day notice to vacate. If a landlord has entered into a forbearance on a federally backed loan, they cannot evict their tenants during the forbearance and must provide written notice of the forbearance to the tenant according to August guidance from the FHFA (Federal Housing Finance Agency) and their guidance is for Fannie Mae and Freddie Mac.
State of Hawai`i Eviction Protection: When the State Court moratorium on evictions ends (as of now August 31, 2020), if you cannot pay your rent, the landlord can provide you a 5 business day notice for non-payment of rent and then start the evictions process. However, if there is a Federally Backed Mortgage Loan on the property you are renting, the Federal Eviction Moratorium Protection still applies as noted below, even when the State eviction moratorium is lifted, including a 30-day notice rather than 5 business day notice for non-payment.
Federal Eviction Moratorium Protection: The Hawaii State eviction moratorium ending on August 31, 2020 (as of now) overlaps the Federal Eviction Moratorium protections. That means that the Federal Eviction Moratorium (which expired on July 25) still provides protection if you are in a property with federally backed mortgages or with federal subsidy by being part of a federal housing program by requiring that a tenant receive 30-day notice to vacate. If a landlord has entered into a forbearance on a federally backed loan, they cannot evict their tenants during the forbearance and must provide written notice of the forbearance to the tenant according to August guidance from the FHFA (Federal Housing Finance Agency) and their guidance is for Fannie Mae and Freddie Mac.
- Below are forms for each county, Kauai (Fifth Circuit), Oahu (First Circuit), Maui (Second Circuit), and Hawaii County (Third Circuit) that are fillable (if you open in adobe) or can be printed and filled out by hand.
- Each form includes a letter you can choose to send to your landlord (but is not required to be sent), and the form you can file with the Court
- There are also instructions for you to seek the Court to waive the $15 fee to file.
- Legal Aid may be able to represent you. You can call to see if you qualify for free legal representation 808-536-4302, Option 1
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Illegal Utility Shutoff Court Form and Information
Your landlord cannot shutoff your utilities – hot or cold water, electric, gas, or other essential service without a court order, even if you have not paid your rent. PLEASE BE AWARE THAT IF A UTILITY IS BILLED IN YOUR NAME AND IS SHUTOFF YOU SHOULD CHECK WITH UTILITY PROVIDER TO DETERMINE IF THE UTILITY COMPANY SHUT OFF THE UTILITY OR WHETHER YOUR LANDLORD SHUT OFF THE UTILITY. A landlord is subject to paying you damages a minimum of 3 months rent or $1,000, whichever is greater, if the landlord is found to have illegally shutoff a utility and the landlord may be liable for costs, and attorney fees.
- Below are forms for each county, Kauai (Fifth Circuit), Oahu (First Circuit), Maui (Second Circuit), and Hawaii County (Third Circuit) that are fillable (if you open in adobe) or can be printed and filled out by hand.
- Each form includes a letter you can choose to send to your landlord (but is not required to be sent), and the form you can file with the Court.
- There are also instructions for you to seek the Court to waive the $15 fee to file.
- Legal Aid may be able to represent you.
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State assistance and information
The State of Hawai'i has released guidance for homeowners and renters during the pandemic.
The Office of Consumer Protection (OCP) is providing answers to Frequently Asked Questions (FAQS) to assist homeowners and renters and with inquiries regarding the Landlord-Tenant code. Visit the OCP website for more information.
The Office of Consumer Protection (OCP) is providing answers to Frequently Asked Questions (FAQS) to assist homeowners and renters and with inquiries regarding the Landlord-Tenant code. Visit the OCP website for more information.
other fair and AFFORDABLE housing resources
The National Fair Housing Alliance has released a Summary of Temporary Relief for single family mortgage borrowers impacted by COVID-19 and priorities for the response to the virus.
See the National Housing Preservation Database for a guide of affordable housing across the country.
See the National Housing Preservation Database for a guide of affordable housing across the country.
ONe time rental assistance
Helping Hands Hawai'i may be able to provide resources, or can direct you to other resources.
Maui residents can apply for financial assistance to pay for essential needs from Maui Economic Opportunity Inc.
For other community resources, contact Aloha United Way's 211 or visit this page.
Maui residents can apply for financial assistance to pay for essential needs from Maui Economic Opportunity Inc.
For other community resources, contact Aloha United Way's 211 or visit this page.
Help for Landlords
Hawaii Community Lending Partners to Market Security Deposit Collateral Loan on Oahu
Hawaii Community Lending (HCL) announced it is partnering with members of the Honolulu Board of Realtors to market its new emergency loan to help tenants and landlords suffering the economic impacts of the coronavirus outbreak.
Emergency loans will be offered to tenants through their landlords.
Landlords will be required to contact HCL and commit tenant security deposits as collateral for emergency loans covering up to two months of rent with a maximum loan amount of $5,000.
Loans will be paid back to HCL by tenants and security deposits returned to landlords once a loan is paid in-full. All HCL tenant borrowers will be required to complete financial counseling.
HCL plans to use $100,000 of City and County of Honolulu grant-in-aid funds to pilot the emergency loan on Oahu with the hope of finding additional grants and investors to expand the product statewide.
Landlords interested in helping their tenants secure emergency loans through HCL should call Mr. Gilbreath at 808.587.7653 or email jeff@hawaiiancommunity.net.
For information about a City and County tax that you, the homeowner, may be eligible for, visit the tax page.
Hawaii Community Lending (HCL) announced it is partnering with members of the Honolulu Board of Realtors to market its new emergency loan to help tenants and landlords suffering the economic impacts of the coronavirus outbreak.
Emergency loans will be offered to tenants through their landlords.
Landlords will be required to contact HCL and commit tenant security deposits as collateral for emergency loans covering up to two months of rent with a maximum loan amount of $5,000.
Loans will be paid back to HCL by tenants and security deposits returned to landlords once a loan is paid in-full. All HCL tenant borrowers will be required to complete financial counseling.
HCL plans to use $100,000 of City and County of Honolulu grant-in-aid funds to pilot the emergency loan on Oahu with the hope of finding additional grants and investors to expand the product statewide.
Landlords interested in helping their tenants secure emergency loans through HCL should call Mr. Gilbreath at 808.587.7653 or email jeff@hawaiiancommunity.net.
For information about a City and County tax that you, the homeowner, may be eligible for, visit the tax page.
Housing and urban development (hud) assistance
The U.S. Department of Housing and Urban Development has suspended all evictions for 120 days beginning March 27, 2020, according to provisions in the CARES Act
The CARES Act also requires mortgage servicers to allow homeowners to forbear their mortgage payments for six months, plus another six months if requested. The guidance applies to all homeowners with FHA-insured Title II Single Family forward and Home Equity Conversion (reverse) mortgages. It halts all new foreclosure actions and suspends any foreclosures in process and stops all evictions of persons from FHA-insured single-family properties. For more information, see the press release from HUD.
The CARES Act also requires mortgage servicers to allow homeowners to forbear their mortgage payments for six months, plus another six months if requested. The guidance applies to all homeowners with FHA-insured Title II Single Family forward and Home Equity Conversion (reverse) mortgages. It halts all new foreclosure actions and suspends any foreclosures in process and stops all evictions of persons from FHA-insured single-family properties. For more information, see the press release from HUD.
Subsidized Housing & Section 8 assistance
If you live in public housing or have a Section 8 voucher or other federally subsidized housing you are protected by the Federal eviction moratorium if you are unable to pay your rent.
You should still be in contact with your landlord, property manager, or Section 8 worker to address your inability to pay to try to work out a plan. Please contact the Section 8 and public housing offices in your county. If you believe your housing has a federal subsidy and is not listed below, contact your landlord directly.
Hawaii Public Housing Authority
Kauai County: County of Kauaʻi Housing Agency
Honolulu County: Department of Community Services
Maui County: Housing Division
Hawaii County: Office of Housing and Community Development
You should still be in contact with your landlord, property manager, or Section 8 worker to address your inability to pay to try to work out a plan. Please contact the Section 8 and public housing offices in your county. If you believe your housing has a federal subsidy and is not listed below, contact your landlord directly.
Hawaii Public Housing Authority
Kauai County: County of Kauaʻi Housing Agency
Honolulu County: Department of Community Services
Maui County: Housing Division
Hawaii County: Office of Housing and Community Development
Department of Hawaiian Homelands
All DHHL offices are closed to the public through May 31, 2020. The public should expect delays on home sales, transfers, successorships, billings, etc.
DHHL and Aloha United Way have partnered to implement DHHL's Covid-19 Emergency Rental Program for native Hawaiians on DHHL's waiting list as of December 31, 2018. Other requirements include:
Payment Information:
DHHL and Aloha United Way have partnered to implement DHHL's Covid-19 Emergency Rental Program for native Hawaiians on DHHL's waiting list as of December 31, 2018. Other requirements include:
- Reduction of income or loss of income/job as a result of Covid-19
- Total income does not exceed 80% area median income
- Receives assistance for the primary residence located in the State of Hawai`i
Payment Information:
- Payments should be mailed to PO Box 1721, Honolulu, HI 96806 in the form of checks, cashiers's checks, or money orders.
- Deferred mortgage payments (with deferred interest) are available for a period of six months, effective with April 2020 payment.
- General Lease tenants and Right of Entry tenants are being asked to continue to make regular payments, including water payments.
- Contact your private lender if you are experiencing COVID-19 related financial hardship and you have private mortgage.
