How Renters Can Use Small Claims Court in Hawaii

If you're a renter in Hawaii and have a dispute with your landlord—maybe over a security deposit, repairs, or damages—small claims court offers an accessible way to resolve the issue. Designed for everyday people, Hawaii's small claims court is ideal for renters dealing with disputes under $5,000, without the need for a lawyer. This guide breaks down the process, explains the legislation, and highlights helpful resources for Hawaii renters looking to assert their rights.

When Can a Renter Use Small Claims Court in Hawaii?

Small claims court is designed to handle monetary disputes up to $5,000. Common renter-related issues you can address include:

• Recovering a wrongfully withheld security deposit
• Seeking reimbursement for repair costs that are the landlord's responsibility
• Asking for damages related to unaddressed maintenance issues

It's important to remember: small claims court cannot order a landlord to make repairs or stop an eviction; it deals with money disputes only.

Understanding the Small Claims Process

Small claims disputes over rental housing in Hawaii are overseen by the District Court of the State of Hawaii (Small Claims Division). Hawaii's key tenancy law is the Hawaii Residential Landlord-Tenant Code.¹

Steps to File a Small Claims Case

• Contact your landlord to try and resolve the issue first, and keep a written record of all communication.
• Gather evidence of your claim, such as photos, emails, lease agreements, and receipts.
• Complete the necessary court forms and follow the official process described below.

Official Forms and How to Use Them

Here are the key official forms you may need, plus a practical example for each:

• Statement of Claim (Form DC-SC01): Used to start your case in small claims court. For example, if your landlord refuses to return your security deposit despite proper notice, fill out this form to explain the dispute. Download Statement of Claim
• Affidavit of Service (Form DC-SC53): Proves the other party received legal notice of the claim. If you serve your landlord the court papers, this form confirms proper delivery. Download Affidavit of Service
• Request for Default Judgment (Form DC-SC06): If the landlord doesn't respond or appear in court, use this form to ask the court for a default judgment in your favor. Get Request for Default Judgment

Completed forms must be filed at the District Court branch in the county where you, the renter, live or where the rental unit is located. Filing fees are usually required but may be waived with proof of financial hardship.

What Happens at the Small Claims Hearing?

Both parties (you and your landlord) will have a chance to present evidence and tell your side to the judge. The judge's decision is usually announced the same day.

• Bring copies of your lease, photos, receipts, communication logs, and any witnesses
• If you win, the landlord may be ordered to pay you what is owed
• If you lose, the judge may decide in favor of your landlord or deny your claim

Appealing a Decision

Appeals must be filed quickly if you disagree with the decision. Check with your local court for specific rules and deadlines.

Key Legislation Protecting Renters

The main law for renter rights in Hawaii is the Hawaii Residential Landlord-Tenant Code (Hawaii Revised Statutes Chapter 521). This governs most rental situations, including deposits, repairs, and dispute resolution.¹

1. Can I get my security deposit back using small claims court in Hawaii?
   Yes. If your landlord has not returned your deposit and you believe it was wrongfully kept, small claims court can order repayment up to $5,000.
2. Do I need a lawyer to file a claim?
   No. Small claims courts in Hawaii are designed for individuals to represent themselves. Legal help is available but not required.
3. What happens if my landlord ignores the court case?
   If your landlord does not respond or show up, you can request a default judgment using the official form. The court may then decide in your favor.
4. Which government agency oversees small claims for rental housing disputes in Hawaii?
   The District Court of the State of Hawaii, Small Claims Division, handles these cases.
5. Are there costs to file?
   Yes, there are filing fees, but you can apply for a waiver if you cannot afford them by asking for the proper forms at the court.

Need Help? Resources for Renters

• Hawaii State Judiciary – Small Claims Court Self-Help
• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
• Legal Aid Society of Hawaii (free legal help for eligible renters)
• Hawaii Public Housing Authority (renter resources)
• For forms and filing locations: contact your local District Court

---

1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. Hawaii District Court: Small Claims Information

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations