Hawaii Statewide Rule
Hawaii Security Deposit Law: Limits, Deadlines & Penalties (HRS § 521-44)
Key Facts
- Deposit cap
- 1 month's rent (plus separate pet deposit up to 1 month's rent)
- Return deadline
- 14 days after termination of the rental agreement
- Itemized statement
- Required in writing, with particulars and grounds for any retention
- Statute
- Haw. Rev. Stat. § 521-44
- Penalty
- Up to 3x the amount wrongfully and wilfully withheld, plus cost of suit
Summary
Under Haw. Rev. Stat. 521-44, a landlord may collect a security deposit of up to one month's rent, plus a separate pet deposit of up to one month's rent. The deposit must be returned within 14 days after the rental agreement terminates, with a written itemized statement of any deductions. Willful wrongful withholding can cost the landlord triple damages.
(b) The landlord may require, as a condition of a rental agreement, a security deposit to be paid by or for the tenant for the items in subsection (a) and no others in an amount not in excess of a sum equal to one month's rent, plus an amount agreed upon by the landlord and tenant to compensate the landlord for any damages caused by any pet animal allowed to reside in the premises pursuant to the rental agreement;
Full Breakdown
Haw. Rev. Stat. 521-44 limits a security deposit to "an amount not in excess of a sum equal to one month's rent," plus a separately agreed pet deposit that also may not exceed one month's rent (service animals are exempt). To keep any portion, the landlord must notify the tenant in writing "together with the particulars of and grounds for the retention," including written evidence of costs such as estimates, invoices, or cleaning receipts. The remaining deposit must be "returned to the tenant not later than fourteen days after the termination of the rental agreement." Permitted deductions cover unpaid rent, tenant defaults, cleaning, and pet damage, but not ordinary wear and tear. If a landlord wrongfully and wilfully retains a deposit, a court may award the tenant three times the amount wrongfully retained plus costs of suit.
Violations & Penalties
Under Haw. Rev. Stat. 521-44(h), where a landlord "wrongfully and wilfully retained a security deposit," the court may award the tenant "damages in an amount equal to three times the amount" wrongfully and wilfully retained, plus the cost of suit.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Hawaii?
How long does a landlord have to return a security deposit in Hawaii?
What can a landlord deduct from a security deposit in Hawaii?
Sources
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