Hawaii Security Deposit Law

Maximum deposit

Landlords may collect a security deposit of no more than one month's rent, plus an agreed pet deposit of up to one more month's rent only for a tenant with a pet (not an assistance animal) (Haw. Rev. Stat. § 521-44(b)). (Haw. Rev. Stat. § 521-44(b))

One month's rent, plus an optional pet deposit of up to one more month's rent

Return deadline

Landlords must return the deposit, or send a written statement of deductions with written evidence of costs, within 14 days after the rental agreement ends (Haw. Rev. Stat. § 521-44(c)). (Haw. Rev. Stat. § 521-44(c))

Itemized statement of deductions

A landlord keeping any part of the deposit must give the tenant written notice of the particulars and grounds, with written evidence of costs such as estimates, invoices or receipts (Haw. Rev. Stat. § 521-44(c)). (Haw. Rev. Stat. § 521-44(c))

Interest on the deposit

Hawaii law does not require landlords to pay interest on security deposits (Haw. Rev. Stat. § 521-44, silent). (Haw. Rev. Stat. § 521-44 (silent on interest))

Penalty for wrongful withholding

A landlord who misses the 14-day notice loses the right to keep any of the deposit, and a court may award up to three times the amount wrongfully and willfully retained plus costs (Haw. Rev. Stat. § 521-44(c), (h)). (Haw. Rev. Stat. § 521-44(c), (h))

Where the deposit is held

Hawaii does not make landlords keep deposits in a separate account; instead the statute gives the tenant first claim to the money ahead of the landlord's creditors even when deposits are commingled (Haw. Rev. Stat. § 521-44(b)). (Haw. Rev. Stat. § 521-44(b))

The deposit is held by the landlord for the tenant, and the tenant's claim to it ranks ahead of the landlord's creditors, including a bankruptcy trustee, even if deposits are commingled. No escrow, trust or separate-account requirement appears in the section.

Receipt or written notice of the deposit

Hawaii's deposit statute does not require a receipt or a notice of where the deposit is held, although a buyer of the property must tell each tenant in writing, within 20 days, how much deposit it is crediting (Haw. Rev. Stat. § 521-44(f)). (Haw. Rev. Stat. § 521-44 (no receipt requirement))

Move-in condition checklist

Before a Hawaii tenant first moves in, the landlord must prepare a written inventory of the unit's condition and of any furnishings or appliances, signed by both sides (Haw. Rev. Stat. § 521-42(a)). (Haw. Rev. Stat. § 521-42(a))

Duplicate copies must be signed by landlord and tenant and the signed inventory is presumed correct. If no inventory is made, the unit's condition at move-out is rebuttably presumed to be the same as at move-in, which undercuts damage deductions.

Pet deposits

On top of the one-month security deposit, a Hawaii landlord may agree with a pet-owning tenant on an extra pet deposit of up to one more month's rent, but never for an assistance animal (Haw. Rev. Stat. § 521-44(b)). (Haw. Rev. Stat. § 521-44(a)(4), (b))

The pet deposit may be charged only to a tenant whose pet lives in the unit and only to cover pet damage. It may not be charged for an assistance animal that is a reasonable accommodation under § 515-3.

Nonrefundable fees

At the start of a Hawaii tenancy the landlord may collect only the first month's rent and the security deposit, so other move-in charges are off-limits (Haw. Rev. Stat. § 521-44(b)). (Haw. Rev. Stat. § 521-44(b), Haw. Rev. Stat. § 521-46)

Upfront nonrefundable move-in fees are therefore barred. Since May 1, 2024 an application screening fee may be charged to adult applicants to cover actual screening costs, with a receipt and cost breakdown on request and a refund of any unused amount within 30 days (§ 521-46).

Small-landlord exemptions

Hawaii has no small-landlord or owner-occupant exemption from its deposit rules; the code's exclusions cover only arrangements such as institutional, student, hotel, employee and public housing (Haw. Rev. Stat. § 521-7). (Haw. Rev. Stat. § 521-7, Haw. Rev. Stat. § 521-44)

Deposit alternatives and installments

Hawaii law does not regulate surety bonds, deposit insurance or installment payment of security deposits (Haw. Rev. Stat. § 521-44, silent). (Haw. Rev. Stat. § 521-44 (silent on alternatives))