If you live in Hawaii and are having problems with your tenant or landlord, you are not alone. In 2010 more than 2,500 residential landlord/tenant cases were filed in Hawaii Small Claims Courts.
Typically, those cases are filed for a host of reasons: unpaid rent, late fees, security deposit, unauthorized use of the unit (e.g. to run a an home-based business or to sublet part of the unit), conditions of the unit, other personal or communication problems between the landlord and the tenant (or between the tenant and other tenants/neighbors), and so on.
After the Landlord files a case and notifies the Tenant about the claim and the related court hearing, both parties appear before a Judge in Small Claims Court who, in a nutshell, asks them the following questions:
To Landlord — “What is this case about?”(e.g. backrent). What do you want? . (e.g.I want the tenant to move out as soon as possible).
To Tenant — “Are you current with your rent?” (e.g. No, I am a bit behind). “Are you then willing to move out?” Depending on the Tenant’s answer to this last question, here is what happens next.
If the Tenant answers “Yes, I am willing to move out”, the court (1) enters a judgment for possession and a writ of possession; and (2) sets a day for trial (after the Tenant has moved out) to settle all monetary issues: back-rent, late fees, security deposit, damages, and so on. Conversely, if the Tenant answers “No, I don’t owe the Landlord any money” or “Perhaps I owe the Landlord some money, but I am not willing to move out”, both parties are referred to mediation, where a neutral mediator will help them work out a mutually acceptable agreement.
Mediation: The Sooner, The Better
It is true that many Landlord/Tenant cases can be resolved in mediation. But it is also true that by the time the Landlord has taken a legal action against the Tenant, their relationship may be irretrievably broken. In other words, when the Landlord shows up in court, s/he is no longer interested just in how the Tenant can pay the unpaid rent and late fees, but rather in how soon the Tenant can move out (and then pay the money owed).
For that reason, it is usually much better if Landlord and Tenant can settle their dispute through mediation not “after” a case is filed in court – but “before”. To illustrate how mediation works, watch this excellent 10-min video titled Tenant Landlord Mediation.
In the past, mediation took place only face-to-face, as shown in that video. But nowadays mediation can also be conducted by email, phone or video conference. This option is particularly useful when Landlord and Tenant have a hard time talking calmly to each other; or are often on the road; or they have a particularly busy work schedule.
If you are interested in this topic, you may want to read Landlord-Tenant Communication: Key Factor To Prevent Disputes
