The Hawaii Intermediate Court of Appeals has upheld a harassment injunction against former landlord Mark Duering, affecting how landlords communicate with former tenants. The court ruled on July 31, 2026, in the case of Gonda v. Duering (CAAP-25-0000077), confirming that Duering's repeated communications to former tenant Anaya Gonda constituted harassment.
This decision is significant as it clarifies the boundaries of acceptable communication between landlords and tenants, especially after a tenancy has ended. The ruling emphasizes that landlords cannot continue to contact former tenants after being explicitly told to cease communication.
Background
Anaya Gonda, the petitioner-appellee, filed a petition for an ex parte temporary restraining order and an injunction against harassment against Mark Duering, her former landlord, on December 11, 2024. Gonda alleged that Duering harassed her both before and after she vacated the apartment on September 11, 2023. She claimed that he sent her over 25 text messages focused on her health, which she found disturbing.
During the trial, Gonda testified that she had clearly told Duering not to contact her again, except through her lawyer. Despite this, she alleged that Duering continued to send her messages about COVID vaccines and other topics, which she found alarming and unwanted. The trial took place over three days, allowing both Gonda and Duering to present their sides of the story.
The Ruling
The court ruled in favor of Gonda, affirming the District Court's decision to grant the injunction for three years. The judges, led by Presiding Judge Katherine G. Leonard, determined that Duering had indeed harassed Gonda, stating, "The court finds that Ms. Gonda did tell Mr. Duering in no uncertain terms that further contact directly with her was unwanted."
The court explained that Duering's communications served no legitimate purpose after the landlord-tenant relationship had ended. The judges noted that Gonda had made it clear that any further communication should only be through her attorney and only regarding matters related to the apartment.
Impact
This ruling sets a precedent for future cases involving harassment and communication between landlords and tenants in Hawaii. It reinforces the importance of respecting boundaries set by tenants, particularly after a rental agreement has concluded. The court's decision indicates that landlords must be cautious in their communications to avoid potential harassment claims.
The ruling also highlights that harassment is not limited to physical actions but can include unwanted communication that causes emotional distress. This case may encourage other tenants who face similar situations to seek legal protection against harassment.
What's Next
Duering has the option to appeal this ruling, but details were not available in the court filing regarding any related cases. The outcome of this case may influence how similar disputes are handled in the future.