In Hawaii, landlords may collect a security deposit only for certain listed reasons and generally may not keep more than one month's rent (plus an agreed pet deposit up to one month's rent). When a tenancy ends, a landlord must return any security deposit the landlord is not authorized to retain. If the landlord does not follow required disclosure rules or fails to return an unlawful withheld deposit, statutory remedies and small claims procedures may apply. Many disputes over residential security deposits are handled in the small claims division of the district court, which has exclusive jurisdiction for those cases.
Current Hawaii law
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The deadline that matters
Landlord must return any security deposit the landlord is not authorized to retain within 14 days after termination of the rental agreement.
What Hawaii law says
The law defines what a security deposit can be used for and limits the total amount to one month's rent, plus a separate pet deposit if agreed, not to exceed one month's rent, under Haw. Rev. Stat. § 521-44. When a tenant properly terminates a rental agreement, the landlord must return any security deposit the landlord is not authorized to retain within fourteen days, and mailing by certified mail, return receipt requested, postmarked before midnight of the fourteenth day satisfies the timing requirement under Haw. Rev. Stat. § 521-66. If a landlord fails to provide required disclosures within ten days after a proper demand, the landlord may be liable for $100 plus reasonable attorney's fees under Haw. Rev. Stat. § 521-67. Case law confirms that disputes over residential security deposits are typically brought in the small claims division of the district court, which has exclusive jurisdiction for such matters, see Chambers v. Leavey, 60 Haw. 52, 587 P.2d 807 (1978) and Sherman v. Sawyer, 63 Haw. 55, 621 P.2d 346 (1980).
What to do
A common first step is to send a written demand to the landlord asking for the deposit and documenting the request.
A common next step is to prepare evidence: the lease, move-in/move-out photos, receipts for repairs, and any disclosure or demand correspondence.
A common option is to mail the demand or any required notices by certified mail, return receipt requested, to establish a record.
A common next step is to consider filing a claim in the small claims division of the district court, since that division has exclusive jurisdiction over residential security deposit disputes.
A common option if disclosures are missing is to note the statutory remedy for failure to disclose and include that information when seeking resolution in small claims.
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Common questions
How much can a Hawaii landlord require for a security deposit?
The landlord may require a security deposit up to one month's rent, plus a separate agreed pet deposit not exceeding one month's rent, under Haw. Rev. Stat. § 521-44.
When must the landlord return the security deposit after I move out?
When a tenant properly terminates the rental agreement, the landlord must return any security deposit the landlord is not authorized to retain no later than fourteen days after termination, and mailing by certified mail, return receipt requested, postmarked before midnight of the fourteenth day meets the timing requirement under Haw. Rev. Stat. § 521-66.
Where do I file a dispute about a withheld deposit?
Disputes about residential security deposits are generally handled in the small claims division of the district court, which has exclusive jurisdiction for those cases, as explained in Chambers v. Leavey and Sherman v. Sawyer.
What if the landlord failed to provide required disclosures?
If the landlord fails to comply with disclosure requirements within ten days after a proper demand, the landlord may be liable for $100 plus reasonable attorney's fees under Haw. Rev. Stat. § 521-67.
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This page provides general legal information about Hawaii law and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
