Maui Eviction Process

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1. Initiating Eviction Proceedings

• Written Notice:

  Landlords must provide tenants with a written notice specifying the reason for eviction and the timeframe for the tenant to rectify the issue or vacate the premises.

• Act 202:

  Landlords must provide tenants with a written notice 15 days before filing for eviction in court and notify Maui Mediation Services.

• Mediation:

  Tenants have 15 days to respond and schedule a mediation session with Maui Mediation Services.

• Landlord's Action:

  The landlord must wait 30 days from the date of the notice before filing the eviction case in court, allowing time for mediation.

2. Filing a Lawsuit with the Court

• Eviction Lawsuit:

  If the tenant fails to comply with the notice, the landlord can proceed with filing an eviction lawsuit.

• Detainer Warrant:

  When the notice expires, the landlord has to go to court and get a detainer warrant, which allows them to serve the tenant with a summons.

3. Court Proceedings

• Summons and Complaint: The court serves the tenant with a summons and complaint.

• Tenant's Response: The tenant has an opportunity to file an answer and contest the eviction, raising affirmative defenses or counterclaims.

• Court Hearing: The landlord and tenant attend a court hearing, where evidence is presented, and the judge issues a judgment.

4. Finalizing the Eviction

• Writ of Possession:

  If the tenant continues to contest or remain on the property, the court issues a writ of possession.

• Property Possession:

  The sheriff or other authorized person will then be responsible for returning possession of the property to the landlord.

• Tenant Removal:

  The sheriff will notify the tenant when they will come. The tenant is usually given time to gather important personal items and will be asked to turn over keys.