Hawaii Statewide Rule
Hawaii Late Fee Limits for Rent
Key Facts
- Late fee cap
- 8% of the amount of rent due (HRS § 521-21(f))
- Lease required
- Fee allowed only if rental agreement provides for it
- Grace period
- No statutory grace period; set by lease
- Basis
- Percentage of rent due, not a flat amount
Summary
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.
(f) 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. [L 1972, c 132, pt of §1; am L 1974, c 180, §1; am L 1978, c 124, §1; am L 1989, c 383, §2; am L 2017, c 179, §1]
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
What is the maximum late fee a Hawaii landlord can charge?
Does Hawaii require a grace period before charging a late fee?
Sources
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