May 10, 2024

Landlords now required to file affidavit for lease termination exception

Following Governor Josh Green’s signing of the 11themergency proclamation relating to wildfires, signed into law on May 3, 2024, a landlord who wishes to terminate a lease before its effective date can only do so for two reasons, and must submit a signed affidavit to the County of Maui Department of Housing and Human Concerns, Housing Division.

A landlord moving into the unit, or moving an immediate family member into the unit, may request an exception. A landlord selling the unit to a bona fide purchaser with a sales contract in place may also request an exception to terminate the lease. Both reasons require the landlord to complete and sign a sworn affidavit stating the reason for the early termination. An original copy of the affidavit must be submitted to the Housing Division at the same time the tenant is notified of the action.

In the event a residential lease expires, landlords are not required to renew the lease under the emergency proclamation.

For a copy of the required affidavit, or to view the instruction sheet for filling out the affidavit, visit https://www.mauicounty.gov/251/Housing-Division or call (808) 270-7351.

County of Maui Recovery Permit Center

A vital resource for those who are looking to rebuild in fire-affected areas in Lahaina and Kula as they navigate the permitting process and take the next step toward returning home.

County of Maui Service Center
110 Alaihi St., Suite 207

Monday to Friday: 8 a.m. to 4 p.m.

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