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Mid-April will mark one year since Gov. David Ige first proclaimed a moratorium on residential evictions for failure to pay rent, maintenance fees, and other expenses. While we can’t predict how long the moratorium will continue, landlords and tenants with payment disputes should be thinking ahead about their options for finding resolution.

In landlord-tenant disputes the court addresses several issues, including the tenant’s legal right to occupy the property, violations of the rental agreement, and any payments to which the landlord is entitled. The court works to maintain fairness in these matters, as prescribed by the rule of law.

Everyone — regardless of who they are or their status in society — is assured of being treated equally under the law and of having access to the courts to be heard by a judge who is fair and impartial.

If you are considering going to court, it is important to understand that the rule of law also provides that along with legal rights, you have responsibilities, including that of being prepared to effectively present your case.

This is especially important in civil (non-criminal) cases, such as landlord-tenant disputes, where you do not have the legal right to a court-appointed attorney. If you’re unable to make your case, you could face serious consequences, even when you have a viable claim under the law.

There are two basic types of landlord-tenant lawsuits:

1. Security deposit disputes. These are small claims cases, so attorneys cannot appear for trial unless the attorney is the landlord or the tenant and is representing themselves.
2. Evictions, which are regular claims cases. An attorney may represent either party.

Not everyone can afford an attorney; however, there are certain steps you can take to ensure you are prepared to represent yourself in small or regular claims court.

Please understand that the following are only suggestions, not legal advice:

• Be ready for trial ​on the date your trial is scheduled to start. Things can happen quickly, so get organized in advance.
• Bring as much evidence as you can to support your story, including printed copies of your lease, receipts, invoices, canceled checks, emails, photos, and anything showing what was agreed to or said. Make screen shots of texts and bring printed copies to court — don’t expect the judge to look at your phone.
• Mark all of these documents as “exhibits” and bring copies for both the judge and the other party.
• If you have witnesses it’s best to have them in court ready to testify. A judge won’t always accept a written statement without a live witness, even statements given under oath. If the judge or other party cannot ask questions of the witness, the written statement won’t hold much weight.
• Bring a written step-by-step history of your case so you can tell your story in a calm, respectful, and organized way. If you jump around and skip steps in your story, the judge may not be able to follow the sequence of events.

The more coherent your story, the more evidence you have, the better your chances in court. If you lose there are no appeals in small claims.

For more information, go to the Hawaii State Judiciary’s website. Search “Landlord-Tenant Claims,” “Small Claims Questions and Answers,” “Regular Claims,” “Tips on Going to Court,” and “Tips for Participating Remotely” by .

Also, look up Hawaii Revised Statutes, Chapter 521 RESIDENTIAL LANDLORD-TENANT CODE and Chapter 666 LANDLORD AND TENANT.

Free legal advice for people without attorneys in landlord-tenant and other civil matters is available through Hawaii’s courthouse Self-Help Centers. To speak with a volunteer attorney at a search “self-help center,” please .