Challenging Illegal Rental Fees in Hawaii: A Renter’s Guide

If you're a renter in Hawaii and notice fees on your rent bill that seem excessive or unfamiliar, you may wonder if they're legal. Hawaii has strict regulations limiting what fees landlords may charge tenants. By understanding these rules and knowing the proper channels to challenge illegal fees, you can protect your rights and avoid unnecessary expense.

Understanding Legal and Illegal Fees in Hawaii

The Hawaii Residential Landlord-Tenant Code outlines which charges landlords are permitted to collect from tenants, and which are prohibited. Common legal charges include:

• Rent (the agreed monthly amount)
• Security deposit (up to one month’s rent)
• Other charges specifically named in your lease

Illegal charges often include:

• Late fees above 8% of your monthly rent
• Non-refundable fees labeled as ‘security deposit’ (all security deposits must be refundable)
• ‘Key money’ or arbitrary move-in fees not stated in your lease
• Charges for routine maintenance or normal wear and tear

These rules are established in the Hawaii Residential Landlord-Tenant Code.^[1]

How to Identify and Confirm an Illegal Fee

If a fee appears on your bill, check your written lease first. If the fee is not clearly stated and you’re unsure of its legality, take these steps:

• Review your lease agreement carefully.
• Compare the fee with regulations in the Landlord-Tenant Code.
• Contact the Hawaii Office of Consumer Protection for guidance.

Steps to Challenge an Illegal Fee

Once you believe a fee is illegal, it’s important to address it promptly and formally with your landlord. Here’s a suggested process:

1. Communicate in Writing

• Write a letter or email to your landlord, politely disputing the fee.
• Cite the relevant section of the Hawaii Landlord-Tenant Code.
• Request removal or reimbursement of the fee.

2. File a Complaint if Unresolved

If your landlord refuses to correct the fee, you can file a formal complaint with the Hawaii Office of Consumer Protection (OCP), the body overseeing residential rental disputes:

• Form: Office of Consumer Protection Landlord/Tenant Complaint Form
• When to use: If you have tried resolving the matter directly and your landlord refuses to remove or refund the illegal fee.
• How to file: Complete the OCP Landlord/Tenant Complaint Form and submit it to the OCP by mail or in person.^[2]

Example: You notice a $100 'administrative fee' on your bill not mentioned in your lease or allowed by law. You write your landlord but the fee is not removed. You complete the OCP Landlord/Tenant Complaint Form and submit it to the state for investigation.

3. Further Actions: Small Claims or Mediation

• If you’ve suffered a financial loss (e.g., you paid an illegal fee), consider filing in Small Claims Court for recovery. The Hawaii District Court handles these cases.
• Alternatively, request free landlord-tenant mediation through the Mediation Center of the Pacific.

Your Rights and Where to Get Official Help

Know that the Hawaii Office of Consumer Protection is the main authority handling residential tenancy disputes, including fee issues.

FAQ: Challenging Rent Bill Fees in Hawaii

1. What is the maximum late fee my landlord can charge in Hawaii?
   Hawaii law limits late fees to no more than 8% of your monthly rent. Higher charges are illegal.
2. Can my landlord charge a non-refundable ‘cleaning fee’?
   Only if your lease specifically states it is non-refundable and it is not disguised as part of the security deposit. All security deposits must be fully refundable by law.
3. What do I do if my landlord refuses to remove an illegal fee?
   Contact the Hawaii Office of Consumer Protection and submit the Landlord/Tenant Complaint Form. You may also consider small claims court if money was wrongfully collected.
4. Where do I find Hawaii’s landlord-tenant laws?
   The complete Residential Landlord-Tenant Code is available from the State of Hawaii’s official website.

Conclusion: Key Takeaways for Hawaii Renters

• Review any new fees carefully and check Hawaii’s laws or your lease before paying.
• Communicate disputes in writing and save all documentation.
• File a complaint or seek official support promptly if a fee appears unlawful.

Taking these steps helps ensure you are only paying fees that are fair and legal under Hawaii law.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection – Landlord-Tenant Resource Center (808-586-2634)
• Landlord/Tenant Complaint Form (PDF download)
• Hawaii District Court – Landlord-Tenant Division
• Mediation Center of the Pacific
• Hawaii Residential Landlord-Tenant Code

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1. Hawaii Residential Landlord-Tenant Code
2. Hawaii Office of Consumer Protection – Landlord/Tenant Resources

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