Hawaii Late Rent Fees: What Landlords Can Legally Charge

Paying rent on time is a key part of your rights and responsibilities as a tenant in Hawaii. But life happens, and sometimes rent can be late. Understanding what late fees a landlord can charge—and what limits the law sets—can give you more confidence and prevent disputes.

Understanding Late Rent Fees in Hawaii

Late rent fees are additional charges imposed by landlords when rent isn’t paid on its due date. In Hawaii, landlords may only charge late fees if these are clearly stated in your rental agreement.

Legal Limits on Late Fees

According to Hawaii law, late fees are capped to ensure fairness for renters. The law states that:

• Late fees cannot exceed 8% of the monthly rent.
• The late fee amount and when it applies must be written into the rental agreement.

For example, if your monthly rent is $1,200, the maximum late fee your landlord could charge is $96 (8% of $1,200). Fees above this amount are not legally enforceable (Hawaii Revised Statutes § 521-21).¹

Tip: If you’re charged more than 8% or your landlord didn’t include a late fee in the rental agreement, you’re not legally required to pay that fee.

When and How Landlords Can Charge Late Fees

Landlords can only charge a late fee if:

• A written lease or rental agreement specifically includes the late fee amount and payment terms.
• The fee does not exceed 8% of the rent due.
• They do not attempt to collect late fees retroactively on rents that became due before the late fee clause took effect.

It’s good practice for renters to review their lease and understand all fee clauses.

What If You Disagree With a Late Fee?

If you believe your landlord is charging an excessive or unlawful late fee, you can:

• Contact your landlord in writing, outlining your concern and referencing the 8% cap.
• Keep copies of your lease, communications, and any payment records.
• File a complaint or seek help from the Hawaii Office of Consumer Protection (OCP) if the issue isn’t resolved amicably.

How to File a Complaint: Official Forms

• Hawaii Consumer Complaint Form (OCP-LT-1): If you have a dispute about late fees, use this form to file a complaint with the Hawaii Office of Consumer Protection.
  • When to use it: After efforts to resolve with your landlord fail, and you believe the fee violates Hawaii law.
  • How to use it: Download the form, fill it out with the details of your complaint, attach documentation (such as your lease and any communication), and submit it by mail or in person.
  • Download the Hawaii Landlord-Tenant Complaint Form

For eviction actions and serious disputes, you may contact the Hawaii District Court in your area, which handles residential tenancy matters. Find more on the Hawaii State Judiciary Landlord-Tenant Information page.²

Relevant State Tribunal and Legislation

Residential rental disputes in Hawaii are handled by the Hawaii State Judiciary, District Courts. The key law governing renters’ rights, including late fee rules, is the Hawaii Residential Landlord-Tenant Code (Haw. Rev. Stat. § 521, especially § 521-21).

Frequently Asked Questions

1. What is the maximum late fee my landlord can charge in Hawaii?
   Landlords can charge up to 8% of your monthly rent as a late fee if it’s stated in your rental agreement.
2. Can my landlord charge a late fee if it isn’t in my lease?
   No. A landlord can only impose a late fee if your lease or rental agreement lists the fee and the conditions for it.
3. What should I do if I am being charged an illegal late fee?
   Ask your landlord (in writing) to correct it. If unresolved, file a complaint with the Hawaii Office of Consumer Protection using the official complaint form.
4. How many days late before I am charged a late fee?
   This depends on your lease terms. Hawaii law does not set a minimum grace period but your rental agreement may specify a grace period (for example, 5 days after rent is due).
5. Does paying late fees affect eviction in Hawaii?
   While paying late fees is separate from eviction, repeated late payments can lead to eviction proceedings. Eviction, however, must follow the process outlined by the Hawaii District Court.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection – Landlord-Tenant Information: Official rent, deposit, and dispute resources, plus complaint forms and guides.
• Hawaii State Judiciary: Find your local District Court, legal forms, and explanations for tenancy disputes or eviction actions.
• Legal Aid Society of Hawaii – Self-Help Forms: Free resources for renters facing legal issues.

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1. Hawaii Revised Statutes § 521-21 – Landlord-tenant code: Fees
2. Hawaii State Judiciary – Landlord-Tenant Dispute Information

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