Kahului Eviction Laws & Process

Hawaii landlord guide — notices, timelines, court filing & local rules

Eviction Laws in Kahului, Hawaii

Kahului is the largest community on Maui (about 28,000 residents) and the island’s commercial, retail, airport, and harbor hub — an unincorporated census-designated place in Maui County. Unlike Maui’s resort areas such as Wailea and Kāʻanapali, Kahului is where Maui residents actually live and work, which makes it more working- and middle-class and more renter-relevant: roughly 42 percent of households rent, the median household income is near $85,000, and rents are high — around $2,400 — and have tightened further since the 2023 Lahaina wildfire. Kahului is home to UH Maui College, Kahului Airport, and Kahului Harbor, and sits next to the Maui County seat of Wailuku, where the island’s courts are located. Maui eviction cases are filed in the Second Circuit.

Hawaii eviction law is set by the Residential Landlord-Tenant Code (Hawaii Revised Statutes Chapter 521) together with the summary-possession procedures in HRS Chapter 666. A landlord must serve the correct written notice before filing. For nonpayment of rent, Hawaii now requires a 10-calendar-day notice paired with an offer of pre-eviction mediation. For a material lease violation, the tenant gets a 10-day notice to cure (HRS § 521-72). To end a month-to-month tenancy without fault, the landlord must give 45 days’ written notice (HRS § 521-71); a tenant ending the tenancy gives 28 days. Conduct threatening irremediable harm can support an immediate notice to quit (HRS § 521-69). Once notice expires, the landlord files a summary possession action in District Court; a prevailing landlord receives a writ of possession enforced by the sheriff. Self-help eviction — lockouts, removing belongings, or cutting utilities — is illegal.

A major recent change: under Act 278 (2025), effective February 5, 2026, the nonpayment notice period was extended from five business days to 10 calendar days, and landlords must offer mediation before filing for nonpayment. This is a two-year pilot (through February 4, 2028); landlords should treat the 10-day notice plus mediation as the current statewide rule for nonpayment.

Kahului & Maui County — Local Rules That Affect Landlords

No Rent Control — Baseline Hawaii Law Applies. Hawaii has no rent control or rent stabilization, and Maui County does not cap rent or rent increases. A month-to-month rent increase requires 45 days’ written notice (15 days week-to-week). Hawaii’s long notice periods and mandatory nonpayment-mediation step still make it a relatively tenant-protective state.

The Second Circuit (Maui), Not Oʻahu — Where Maui Landlords File. Kahului landlords file in the District Court of the Second Circuit at Hoapili Hale, 2145 Main Street, Wailuku — not in any Oʻahu court. The Second Circuit covers all of Maui County (Maui, Molokaʻi, and Lānaʻi). File where the premises are situated.

Nonpayment of Rent: 10-Day Notice + Pre-Eviction Mediation (Act 278). When rent is unpaid, the landlord serves a written notice giving the tenant 10 calendar days to pay or vacate, informs the tenant of the right to free mediation, and copies a mediation center — on Maui, Mediation Services of Maui. The tenant has 10 calendar days to schedule mediation; if none is scheduled, the landlord may file once the 10 days expire, and if mediation is scheduled the landlord generally waits an additional 10 days. A late fee cannot be charged until rent is at least 5 days overdue (HRS § 521-21).

No-Fault Termination: 45-Day Notice. Ending a month-to-month tenancy where the tenant has not breached requires 45 days’ written notice (HRS § 521-71).

Lease Violations: 10-Day Notice to Cure. A material breach gets a 10-day notice and a chance to fix the problem (HRS § 521-72). If cured, the tenancy continues; if not, the landlord may file.

The 2023 Wildfire & Maui-Specific Protections. The August 2023 Lahaina wildfire destroyed much of West Maui’s housing and triggered an islandwide housing crisis, with central Maui — including Kahului — absorbing many displaced residents and rents climbing sharply. In response, Maui adopted special measures: Act 202 (2024) established a mediation option for wildfire-displaced tenants, and emergency housing programs placed displaced households in private rentals. Landlords renting on Maui — especially to wildfire-displaced households or through relief programs — should understand these overlays, which can affect notice, mediation, and timing, and should confirm the current status of any wildfire-related protections before acting, as they have evolved since the disaster.

A Tight, High-Demand Hub Market. Kahului has low vacancy and high rents, intensified by post-fire demand. The renter base is working- and middle-class, so nonpayment risk is real even in a tight market. Careful screening, clear communication, and coordinating with county and relief-program assistance when a tenant first falls behind tend to beat a contested case.

General Excise Tax on Rent. Hawaii taxes rental income through the General Excise Tax (GET), with a Maui County surcharge. Landlords typically register for a GET license and may pass the tax through to tenants if the lease allows; short-term rentals also trigger the Transient Accommodations Tax. These are routine but easily missed Hawaii obligations.

Fair Housing — Hawaii’s Broader Protections. Beyond the federal protected classes, Hawaii law bars housing discrimination based on sexual orientation, gender identity or expression, marital status, ancestry, and HIV/AIDS status, among others, enforced by the Hawaii Civil Rights Commission. Apply the same standards to every applicant.

Self-Help Eviction Is Illegal. Lockouts, removing belongings, and utility shut-offs are prohibited and expose the landlord to damages. Only the sheriff, under a court-issued writ, can remove a tenant.

Free Legal Help & Mediation. The Legal Aid Society of Hawaii assists qualifying low-income tenants on Maui, Mediation Services of Maui handles island landlord-tenant mediations (including Act 278 nonpayment cases and wildfire-related mediation), and the Hawaii State Judiciary’s District Court self-help resources assist unrepresented parties.

Security Deposits. Under HRS § 521-44, the deposit may not exceed one month’s rent (an additional pet deposit of up to one month may be allowed). The landlord must return it, with an itemized statement of deductions, within 14 days of the end of the tenancy; missing that deadline can forfeit the right to keep any of it. Normal wear and tear is not deductible.

District Court of the Second Circuit (Wailuku) — Where Kahului Landlords File

Kahului landlords file summary possession (eviction) actions in the District Court of the Second Circuit, located at Hoapili Hale, 2145 Main Street, Wailuku, HI 96793. The Second Circuit serves all of Maui County. The filing fee for a summary possession case is approximately $155. After the landlord prevails, the court issues a writ of possession executed by the sheriff. In a nonpayment case, the tenant can halt the writ by paying all rent due plus statutory interest (8 percent per year), court costs, and the landlord’s reasonable attorney’s fees (HRS § 666-14). Because Hawaii requires the Act 278 mediation step for nonpayment — and Maui has additional wildfire-related mediation measures — contested cases here can take longer than a comparable mainland filing, so build that time into your plan. Self-help eviction is illegal — only the sheriff may remove a tenant under a court-issued writ.