What Does the End of Hawaii’s Eviction Moratorium Mean for Landlords?
August 11, 2021
Now that Hawaii’s economy and its workers have recovered from the worst of the pandemic, landlords again have the option to require tenants who are behind on rent and unable to pay past-due rent and fees to vacate their rental property.
Hawaii Governor David Ige announced the end of Hawaii’s Eviction Moratorium on August 6, 2021. The eviction moratorium has been replaced by Act 57 in HB 1376, which allows Hawaii’s courts to hear additional evictions.
The eviction moratorium, or pause in evictions, was enacted by Gov. Ige in April 2020 in response to the COVID-19 pandemic and its resulting effect on the economy.
What does HB 1376 do?
HB 1376 does the following:
- Extends the required period for a notice of termination of the rental agreement from five days to 15 days.
- Requires landlords to provide notice with specified terms and enter into mediation.
- Delays when a landlord may seek possession of a rental unit if the tenant schedules or attempts to schedule mediation.
- Requires landlords to provide the notice of termination of the rental agreement to a mediation center that offers free residential landlord-tenant mediation.
The bill also restricts when a landlord can take the above actions depending on the amount of rent due. To find out how HB 1376 affects you and your rental property, contact your Locations property manager.
How will Hawaii’s courts handle eviction cases?
Hawaii’s courts will take a tiered approach to hearing eviction cases, so they do not become overwhelmed. Landlords who have tenants who are four or more months behind in rent payments may file for eviction first.
After those cases have been heard, the courts are expected to then move on to cases in which the tenants are three months behind in rent, followed by two months behind, and finally, one month behind.
Where can Hawaii landlords find mediation services?
HB 1376 also requires mandatory mediation between landlords and tenants before appearing in court.
Hawaii tenants will have 15 days to respond to the court’s mediation requirement and 30 days to complete mediation.
Landlords who wish to initiate the mediation process can contact the Mediation Center of the Pacific on Oahu at mediatehawaii.org or Maui Mediation Services at mauimediation.org for Maui County.
How can your property manager assist you now that Hawaii’s eviction moratorium has ended?
Since everyone’s situation is different, it’s best to consult your Hawaii property manager to discuss your options.
At Locations Property Management, we understand the need to approach landlord-tenant issues, particularly eviction, with compassion. Your Locations property manager can advise you on how to best meet your goals for your investment property and navigate these challenging times.
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Which Types of Animals are Renters Allowed to Have? If you’re the owner of a rental property in Hawaii, you might be wondering what types of animals you’re legally bound to allow—and where you can draw the line. According to the professionals at Locations Property Management, animals in rental properties fall into three categories: pets, service animals and emotional support animals (ESAs). What are the rules for pets and rental properties? The owner of a rental property may decide whether to allow pets in the property. A landlord can also set rules about the number of pets, the type of pets and the size of pets that will be allowed in the rental. If the rental property is in a condominium, tenants will need to follow the building rules. Typically, tenants are charged a pet deposit equal to one month’s rent, in addition to a security deposit. A pet deposit is used to cover any damage to the property caused by the pet. If tenants lose or give away their pet, the pet security deposit should be returned. A landlord can choose to charge additional pet rent if the unit is listed as “pet negotiable.” Do I need a pet rental application? The property management experts at Locations recommend that tenants complete a pet application, so the property owner will know what type of pet will be residing in the unit. Additionally, landlords should include a pet addendum with the rental agreement. The pet addendum should clearly state what's expected of pet-owning tenants; for example: pet insurance is required, and the property must be professionally cleaned and treated for fleas. Remember, the tenant is ultimately responsible for the behavior or their pets—including noise complaints—as well an any damages caused by their pets. What qualifies as a service animal? A service animal is not a pet. Only a dog that has been trained to perform specific tasks for an individual with a disability is considered a service animal. Other species of animals, whether trained or not, are not considered service animals. By law, a landlord cannot charge a pet deposit for a service animal, and service animals must be allowed to reside in rental properties—whether the property is pet friendly or not. Furthermore, a landlord may not request documentation for a service animal, unless the owner of the service animal is asking for a housing-related accommodation. There are only two questions that a landlord may ask tenants about their service animal: 1) Is this a service animal? and 2) What task does this service animal provide? What’s the difference between service animals and emotional support animals? An emotional support animal (ESA) is any animal that a medical professional has determined to provide therapeutic benefit to an individual with a disability. Unlike service animals, emotional support animals are not limited to dogs. Emotional support animals are not considered service animals under the Americans with Disabilities Act , but they are recognized under the Fair Housing Act . Unlike a pet, however, a landlord cannot charge pet rent or collect a pet deposit for an emotional support animal. A landlord may reject an emotional support animal using the health and safety exemption, but the threat to other tenants must be real and not based on stereotypes. For example, if an emotional support animal is a breed that’s known to be aggressive, tenants may be required to show that the animal is properly trained. However, an emotional support animal cannot be refused due to a poor reputation of the animal’s breed. Check with an expert Still confused about which types of animals you’re required to allow in your Hawaii rental property, and which ones you can keep out? Contact an experienced property manager at Locations Property Management today—we're happy to answer all of your questions about animals in rental housing.
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Your investment property is just that: an investment. And as with any investment, you’ll want to do all that you can to ensure that it not only retains its value, but appreciates in value, too.
Like so many sectors of the economy, Oahu’s rental housing market has been affected by the COVID-19 pandemic.
There are several benefits to hiring a professional property manager to oversee your rental property. A property manager acts as a buffer between the property owner and tenants—taking the headache out of owning and operating a rental property. Furthermore, if you do not live in Hawaii, you will need to retain a property manager, since Hawaii law requires landlords who do not reside in Hawaii (or who reside on a different island than their rental property) to hire a property manager on the same island as the property. What does a Property Manager do? A property manager can help to find qualified tenants, collect rent payments, ensure that the property is well-maintained, and handle maintenance requests and other tenant issues. Property managers can also help to oversee evictions and other legal processes. Assess the property A property manager will visit the property to determine if any repairs or upgrades are needed before you can list the property for rent. Your property manager will also help you to determine market rent for your property, so that you can maximize your profit. Get a free rent analysis Market the property A property manager will also take photos of your property and advertise it where the most potential renters will see it. When you list your rental property with Locations, we’ll ensure that it’s advertised on our website and Oahu’s Multiple Listing Service (MLS), as well as various property rental websites, like Rentals.com and apartments.com, rental publications and our own network of real estate agents. The result: Minimal vacancy time and the maximum rental income that the market will allow. Screen prospective tenants A property manager will process rental applications to identify qualified tenants for your property. This includes running credit checks, national background checks and verifying prospective tenants’ income. By properly screening prospective tenants, a property manager can help you to avoid many potential issues down the road, like tenants who have a history of failing to pay rent or have left previous rental properties in poor condition. Manage paperwork and collect rent A property manager will ensure that the rental agreement is signed by both parties, and that the tenants understand and agree to adhere to all the terms of the contract. A property manager will also ensure that your tenants pay their rent in a timely manner, so that it can be distributed to you on a reliable schedule each month. If a tenant fails to pay their rent on time, a property manager is able to enforce rent collection, including collecting late fees and, if necessary, initiate the eviction process. Handle maintenance requests When tenants encounter a maintenance issue, such as a broken refrigerator or a leaky faucet, a property manager will coordinate repairs, including letting maintenance personnel into the property and determining which party is responsible for repair or replacement costs. A property manager will also conduct routine periodic property inspections to ensure that your property is maintained properly. Deal with legal issues Property managers are well-versed in landlord-tenant laws, so if issues arise with your tenants, they are able to resolve them in a manner that can help you, the landlord, to avoid a costly lawsuit. Some of the legal issues that property managers handle include lease negotiations and terminations, rent collection and evictions. Property managers will also ensure that your rental complies with property codes and safety laws, such as disclosing lead-based paint and making sure there is a working smoke detector in the home. How much does it cost to hire a property manager? Property management fees vary, but the industry standard is 10 percent of the property’s gross annual rent. This fee structure incentivizes property managers to find (and keep!) qualified tenants. To learn how Locations Property Management can help you to manage your rental property, please contact us at (808) 738-3100.
