Hawaii Security Deposit Laws: Key Rights for Renters

As a renter in Hawaii, understanding the state’s security deposit laws can help you protect your money and prevent disputes with your landlord. Hawaii has specific rules about how much your landlord may charge for a security deposit, when they must return it, and your rights if there’s a disagreement. Staying informed empowers you to advocate for your rights and know what to expect when moving in or out of a rental property.

Understanding Security Deposits in Hawaii Rentals

Hawaii law limits how much a landlord can charge for a security deposit and sets clear guidelines for its return. Let’s break down what every renter should know.

How Much Can a Landlord Charge?

• Maximum Amount: A landlord may collect no more than one month’s rent as a security deposit when you move in.
• Pet Deposits: If you have a pet (not including service animals), an additional deposit of up to one month’s rent is allowed.
• No Ongoing Fees: Landlords cannot require additional non-refundable security fees, except for actual damages or unpaid rent at the end of the tenancy.

These limits are set by the Hawaii Residential Landlord-Tenant Code, Section 521-44.^[1]

Return of Security Deposit

• Timeline: Your landlord must return your security deposit, or a written statement of deductions, within 14 days after you move out and return the keys.
• Allowable Deductions: These include unpaid rent, damages beyond normal wear and tear, or tenant’s failure to clean the unit as required.
• Statement of Deductions: If there are deductions, your landlord must provide a list, including itemized costs, within the 14-day period.
• If no statement or payment is given within 14 days, the landlord forfeits any right to keep the deposit.

Common Disputes and Your Rights

Disagreements can arise if you think the landlord is unfairly withholding part or all of your deposit. Here’s what you can do:

• Request a written explanation: This is legally required if the landlord makes deductions.
• Document the property’s condition: Take photos before moving in and out to support your case.
• File a complaint or seek mediation: If negotiations fail, renters can pursue action through the appropriate board or court.

Relevant Forms for Hawaii Renters

• Security Deposit Dispute Form (District Court Complaint – Landlord/Tenant)
  When your landlord withholds your deposit unlawfully, you may file a District Court complaint using Form LT-1 (Landlord-Tenant Complaint).
  Example: If your landlord fails to return your deposit or provide an itemized statement, you can use this form to begin small claims proceedings.
  Hawaii State Judiciary Landlord-Tenant Self-Help
• Landlord-Tenant Mediation Request Form
  For mediated solutions, contact the Mediation Center of the Pacific and complete their mediation request form. This helps resolve disputes without court involvement.

Which Government Body Handles Security Deposit Disputes?

The Hawaii District Court handles residential tenancy and security deposit cases. The official legislation governing these rights is the Hawaii Residential Landlord-Tenant Code.^[1]

Keep copies of your lease, all communications, and photos or videos of your rental before and after your tenancy. Written documentation is your best protection if a dispute arises.

Action Steps if Your Security Deposit Is Not Returned

Follow these steps to recover your security deposit if it’s unfairly withheld.

• Send your landlord a written request for the return of your deposit and a breakdown of any deductions.
• If no response, gather evidence (such as the lease, photos, and move-out inspection reports).
• Consider free or low-cost mediation services to help resolve the issue.
• If needed, file a small claims complaint in Hawaii District Court using the official form.

You don’t need a lawyer to file in small claims court, and many renters are able to represent themselves.

FAQ: Hawaii Security Deposit Rights

1. Can my landlord charge more than one month’s rent as a security deposit in Hawaii?
   No, except for an additional pet deposit, the maximum allowed is one month’s rent.
2. How long does my landlord have to return my security deposit?
   Hawaii law requires landlords to return the deposit or a written statement of deductions within 14 days after you move out.
3. What happens if my landlord doesn’t return my deposit or give me a statement in 14 days?
   The landlord forfeits the right to withhold any part of your security deposit.
4. What types of damages can be deducted from my deposit?
   Damages beyond normal wear and tear, unpaid rent, or missing cleaning obligations.
5. How do I file a complaint over a withheld security deposit?
   Use the District Court’s Landlord-Tenant Complaint form (Form LT-1) and consider mediation as a first step.

Conclusion: Key Takeaways for Hawaii Renters

• Your landlord cannot require a security deposit greater than one month’s rent (plus a pet deposit if applicable).
• If you move out, your deposit must be returned or itemized within 14 days—or your landlord loses the right to withhold it.
• If you disagree with your landlord, you have the right to mediation or to seek help from the courts.

Understanding these protections under Hawaii law will make your renting experience safer and more predictable.

Need Help? Resources for Renters

• Hawaii District Court Landlord-Tenant Self-Help: Official guidance and forms for disputes
• Department of Commerce and Consumer Affairs (DCCA) Landlord-Tenant Information: Educational materials and complaint contacts
• Mediation Center of the Pacific: Free or low-cost mediation for landlord-tenant disputes
• Legal Aid Society of Hawaii: Legal assistance for qualifying renters

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)

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