Overview
Hawaii’s security deposit laws are outlined in Hawaii Revised Statutes § 521-44. These laws are designed to protect both tenants and landlords by regulating how deposits are collected, stored, and returned.
The law limits the amount landlords can charge, defines acceptable deductions, and sets a strict timeline for returning the deposit after a lease ends. Violating these rules can result in legal and financial consequences.
This guide covers:
How much landlords can charge
Rules for holding and returning deposits
What deductions are allowed
Penalties for non-compliance
Related Statute: HRS § 521-44
1. Security Deposit Limits & Storage Requirements
Maximum deposit: Landlords may charge no more than one month’s rent as a security deposit. For tenants with pets, an additional pet deposit may be collected, but it cannot exceed one month’s rent.
No interest requirement: Hawaii law does not require landlords to place deposits in interest-bearing accounts or to pay interest to tenants.
Law Reference: HRS § 521-44(b)
2. Security Deposit Returns & Allowable Deductions
Return deadline: The security deposit must be returned within 14 days after the termination of the rental agreement and the tenant’s vacating of the unit.
Permissible deductions: Landlords may deduct for unpaid rent, failure to return keys, late fees (if outlined in the lease), and damage beyond normal wear and tear.
What landlords cannot deduct: Landlords cannot deduct for normal wear and tear, such as minor carpet wear or faded paint.
Itemized statement required: If any deductions are made, the landlord must provide a written, itemized list of damages and charges within the 14-day period.
Law Reference: HRS § 521-44(c)
3. Penalties for Mishandling Security Deposits
Forfeiture of right to deduct: If a landlord fails to return the deposit or provide an itemized list within 14 days, they forfeit the right to retain any portion of the deposit.
Tenant remedies: Tenants may sue to recover the full deposit and, if successful, may be awarded up to three times the amount wrongfully withheld, along with court costs.
Law Reference: HRS § 521-44(d)
Key Takeaways
Hawaii landlords may not charge more than one month’s rent as a security deposit, with an optional pet deposit of the same amount.
Security deposits must be returned within 14 days after the tenant moves out.
Landlords must provide an itemized statement for any deductions, which can only include damages beyond normal wear and tear or unpaid obligations.
Failure to comply may result in forfeiture of the entire deposit and additional penalties of up to three times the amount wrongfully withheld.
By following Hawaii’s deposit rules, landlords can avoid disputes, and tenants can ensure their rights are respected at move-out.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Readers should not act or refrain from acting based on any information included in this post without seeking legal counsel or other professional guidance specific to their situation. The information is provided “as is” without any representations or warranties of any kind, express or implied, including but not limited to the accuracy, completeness, or reliability of the content. Laws and regulations may change and vary by jurisdiction.
