Hawaii caps rent late charges by statute. Under HRS § 521-21(f), where the rental agreement provides for a late charge for rent not paid when due, that charge may not exceed eight per cent of the amount of rent due. A late fee is enforceable only if the lease expressly provides for it.
HRS § 521-21(f) states: 'Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due.' Two conditions follow: the lease must actually authorize a late charge, and the charge is capped at 8% of the rent due rather than a flat or escalating amount. Because the cap is tied to the rent due, the maximum dollar amount scales with the monthly rent. Hawaii does not separately mandate a grace period before a late fee may apply, so timing is governed by the lease, subject to the 8% ceiling.
No specific statutory penalty. A late charge exceeding 8% of the rent due is unenforceable to the extent it exceeds the cap; a tenant charged an excessive fee may dispute or recover the overcharge.
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