Hawaii security deposit laws are detailed under the Hawaii Revised Statutes (HRS) §521-44. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities under Hawaii law. Please note that rules and regulations may vary by municipality.
In Hawaii, the law sets limits on the amount a landlord can charge as a security deposit. The deposit cannot exceed one month's rent for regular rental units. However, if the tenant has pets, an additional deposit may be required, which cannot exceed one month's rent. This additional deposit applies only if the tenant actually has pets.
Service animals are an important exception—landlords cannot charge an additional deposit for service animals, as they are not considered pets under the law.
Hawaii law does not specify any requirements for how or where a landlord must hold the security deposit. Landlords are not required to keep the deposit in a separate account or trust, and they are not obligated to provide specific accounting for the deposit during the tenancy.
There are no specific notification requirements in Hawaii law regarding the handling of the security deposit at the time of collection.
Hawaii law does not require landlords to pay interest on security deposits. Therefore, any interest earned on the deposit is not required to be returned to the tenant.
Landlords in Hawaii must return the security deposit, or the balance of the deposit, along with an itemized statement of any deductions, within 14 days after the tenant vacates the rental unit and the landlord is informed of the tenant's new address.
When returning the deposit, landlords must provide an itemized list of all deductions made from the security deposit within the timeline above. This itemization must include the specific damages or charges that were deducted, along with the cost associated with each item.
If the tenant disputes the deductions, they may file an action in small claims court.
Landlords in Hawaii may make deductions from the security deposit for:
If a landlord fails to return the security deposit within the required 14-day period or fails to provide an itemized list of deductions, the landlord forfeits the right to retain any portion of the deposit and may be liable for damages equal to three times the amount wrongfully withheld, plus attorney's fees and court costs.
Hawaii law has specific provisions related to military tenants. If a tenant who is a member of the military receives orders to deploy or relocate, they may terminate the lease with 28 days’ notice, and the landlord must return the security deposit in accordance with the usual timelines and rules.
Additionally, if a tenant vacates due to domestic violence, the lease may be terminated early, and the security deposit must be returned as per standard law, with consideration given to any applicable legal protections.
DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or warranties regarding the accuracy, completeness, or reliability of the information presented.