Hawaii Security Deposit Law: Deadlines & Penalties
Hawaii landlords must return the security deposit, or whatever remains after lawful deductions, within 14 days after the rental agreement ends. Deductions are allowed for unpaid rent, damage beyond normal wear and tear, cleaning to restore move-in condition, unreturned keys, key fobs, parking cards or garage openers, and some unpaid utilities. Deposits are capped at one month's rent, plus a separate pet deposit of up to one more month.
A landlord who keeps any part of the deposit must notify the tenant in writing of the reasons, itemizing costs and including copies of receipts, or estimates if repairs can't be done within the 14 days. If that notice and any remaining deposit don't go out within 14 days, the whole deposit must be returned. Provide a forwarding address in writing so the refund and notice reach you, and note that a suit to recover a deposit must be filed within one year after the rental agreement ends.
If a court finds the landlord kept the deposit wrongfully and willfully, it may award three times the amount wrongfully retained, plus the cost of suit. If the retention was wrongful but not willful, the award is the amount wrongfully kept plus costs. Hawaii small claims court hears tenant deposit disputes with no dollar limit, and neither side may be represented by counsel in those cases.
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Hawaii: common questions
How long does a Hawaii landlord have to return a deposit?
14 days after the rental agreement ends. Within that time the landlord must return the deposit or give you written notice of the reasons for any amount kept, with itemized costs and copies of receipts, or estimates if repairs aren't done yet. If the landlord misses the deadline, the full deposit must be returned.
What can a Hawaii landlord deduct from my deposit?
Unpaid rent, damage beyond normal wear and tear, cleaning costs, and the cost of keys, key fobs, parking cards, garage door openers or mailbox keys that weren't returned. Each deduction should be explained in writing.
What can I recover if my Hawaii landlord wrongfully keeps my deposit?
If the landlord acted wrongfully and willfully, a court may award three times the amount wrongfully retained, plus the cost of suit. Wrongful but not willful retention leads to an award of the amount wrongfully kept plus costs.
Is there a limit on deposit cases in Hawaii small claims court?
No. Hawaii's small claims division can hear residential security deposit disputes regardless of the amount, while most other claims are limited to $5,000. Neither the landlord nor the tenant may be represented by counsel in a deposit case.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| Hawaii | 14 days | Required | No dollar limit for security deposit cases ($5,000 for other claims) |
| Alabama | 60 days | Required | $6,000 |
| Alaska | See statute | Required | $10,000 |
| Arizona | See statute | Required | $5,000 |
| Arkansas | 60 days | Required | $5,000 |
| California | 21 days | Required | $12,500 |
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