What happens to my security deposit if I refuse to move in due to a serious problem?

If you refuse to move in for legal reasons (like uninhabitable conditions), you should receive a full refund of your deposit. Always document the issues and your communication in writing.

Can I back out after signing the lease but before moving in?

Yes, if the landlord fails to meet legal obligations such as repairs, habitability, or providing required disclosures, you may lawfully decline to move in.

Is there an official form to refuse possession in Hawaii?

There is no standard state form to refuse possession, but written notice is crucial. Use the Inventory and Condition Form or a letter to describe your reasons.

Who do I contact if my landlord won't return my deposit in Hawaii?

You should contact the Hawaii Office of Consumer Protection – Landlord-Tenant Branch, which handles residential tenancy disputes.

Can the landlord keep my deposit if I refuse to move in for non-legal reasons?

If you back out for reasons not related to law or habitability, the landlord may be allowed to keep all or part of your deposit under Hawaii rental law.

Refusing to Move In After a Rental Inspection in Hawaii

Moving In: Inspections & Disclosures Hawaii published: June 21, 2025

Understanding your rental rights before moving into a property in Hawaii is crucial for a smooth renting experience. If you’ve completed your inspection and discovered issues, you might wonder if—and when—you can legally refuse to move in. Knowing your options and legal protections under Hawaii law can help you make informed decisions and avoid unnecessary conflict.

Your Rights Before Moving In: Inspecting the Unit

In Hawaii, state law protects tenants by requiring landlords to offer a move-in condition inspection. This inspection lets you check the property’s condition and agree on any pre-existing problems before receiving the keys or paying full rent.

Pre-Rental Inspection: Landlords must provide an inventory and condition form to review unit damages and repairs (Hawaii Landlord-Tenant Handbook).
Required Disclosures: Landlords must also disclose known hazards, such as lead-based paint, if applicable (HUD Lead Paint Disclosure).

When Can You Refuse to Move In?

Under the Hawaii Residential Landlord-Tenant Code, you are generally not required to take possession of a rental unit if there are serious, unaddressed problems—especially those that violate health, safety, or building codes.

Unit Not Ready: If the rental is not clean, habitable, or as promised, you may refuse to move in. Habitability covers working plumbing, electricity, locks, and overall safety.
Undisclosed Major Issues: If you find unreported mold, pest infestations, or water leaks during your inspection, you can decline possession until the landlord resolves these issues.
Missing Legally Required Disclosures or Inspections: If you did not receive required disclosure forms or were denied an inspection, you generally are not obligated to proceed.

If there’s a serious problem, notify the landlord in writing immediately. Keep a copy of your communication and photos of the issues found during your inspection.

Key Actions and Documents

Hawaii Inventory and Condition Form – There is no official statewide standard form, but landlords should provide a written checklist or inventory report.
Use: Both the landlord and tenant review, sign, and keep a copy. This protects you from unfair damage claims later.
More info and sample forms can be found in the official Landlord-Tenant Handbook (see pg. 20).
Move-In/Move-Out Inspection Checklist – Not a state-mandated form, but highly recommended.
Use: Complete during the walk-through with the landlord. Note repairs needed before accepting the keys or paying deposit/rent.
See sample checklist.
Lead-Based Paint Disclosure (if pre-1978 unit) – Federally required.
Use: Receive and sign before move-in if the rental was built before 1978. Lead-Based Paint Disclosure Form

As a renter, you cannot be forced to move in if the unit is uninhabitable or the landlord fails to meet key pre-move-in legal obligations. Document all issues and communicate promptly in writing.

What to Do If There’s a Dispute

If you and your landlord disagree about the move-in condition or your right to refuse possession, you can seek help from the Office of Consumer Protection - Landlord-Tenant Branch. This agency handles residential tenancy matters in Hawaii.

Contact the Landlord-Tenant Branch for guidance, mediation, or to file a complaint.
Submit written complaints along with copies of photos, forms, and all communications with your landlord.

In serious cases, you may seek a hearing in District Court if you have suffered financial harm or your security deposit is withheld unfairly (how to file a claim).

Steps: How to Refuse to Move In Legally

Inspect thoroughly before accepting keys or paying full rent.
List issues on the Inventory and Condition Form or checklist.
Notify the landlord in writing of serious problems and your intent not to move in until fixed.
Request remediation or documented repairs.
If the landlord disputes your concerns, contact the Hawaii Landlord-Tenant Branch for help.
Keep records of all communication and photos as evidence.

Taking these steps protects your rights and lays groundwork should you need to escalate the matter.

Frequently Asked Questions

What happens to my security deposit if I refuse to move in due to a serious problem?
If you refuse to move in for legal reasons (like uninhabitable conditions), you should receive a full refund of your deposit. Document your concerns and requests in writing.
Can I back out after signing the lease but before moving in?
Yes, but only if the landlord has failed to meet their legal obligations, such as repairing major issues, providing required disclosures, or making the property habitable as promised.
Is there an official form to refuse possession?
There is no standard state form, but always provide written notice describing your reasons. Use the Inventory and Condition Form or a formal letter.
Who do I contact if the landlord won’t return my deposit?
Contact the Hawaii Office of Consumer Protection - Landlord-Tenant Branch, which oversees rental disputes.
Can the landlord keep my deposit if I refuse to move in for non-legal reasons?
If you simply change your mind and the rental is otherwise habitable, the landlord may be able to keep part or all of your deposit under Hawaii law.

Conclusion: Key Takeaways

You may refuse to move in if the rental is not habitable or the landlord violates disclosure and repair laws.
Always document problems and communicate your concerns in writing—using checklists and photos.
If you face disputes, reach out to the Hawaii Landlord-Tenant Branch for support and next steps.

Need Help? Resources for Renters

Hawaii Office of Consumer Protection – Landlord-Tenant Branch – Main agency for advice, complaints, and information.
Hawaii Landlord-Tenant Handbook (PDF) – Comprehensive guide to tenant rights and procedures.
Hawaii State Judiciary – Landlord-Tenant Disputes – Information on small claims and formal hearings.
HUD – Lead-Based Paint Disclosure