What Happens to Left-Behind Property When Moving Out in Hawaii

Moving out can be stressful, and sometimes belongings get left behind. If you're a renter in Hawaii, it's important to know what happens to your property if you accidentally leave it after your tenancy ends. Hawaii law has specific abandonment rules that both landlords and tenants must follow to protect everyone’s rights.

Understanding Property Abandonment in Hawaii

When a renter vacates a unit and leaves property behind, Hawaii law treats these items as “abandoned property.” The landlord cannot simply discard or keep them. There are clear rules on how the landlord must notify you, store your possessions, and what happens if you don’t reclaim them.

What Is Considered “Abandoned Property”?

• Personal items left behind after you leave or are evicted from your rental unit
• Items found after the rental term ends or following an eviction

These rules apply whether the lease ends naturally, you move out early, or you are evicted.

Hawaii’s Abandonment Rules: What Your Landlord Must Do

In Hawaii, the law requires your landlord to follow certain steps if they find belongings after you’ve moved out. These steps are based on Hawaii Revised Statutes Section 521-56, part of the official Residential Landlord-Tenant Code.¹

• 1. Written Notice: The landlord must send you a written notice describing the items and letting you know where and when you can claim them. This notice must be mailed to your last known address or delivered in person.
• 2. Storage Requirement: The landlord has to store your items in a safe place for at least 15 days after the notice is sent.
• 3. Right to Reclaim: You have 15 days from the date of the notice to pick up your property. You may be required to pay reasonable charges for storage and removal.
• 4. Disposal or Sale: If you do not claim your belongings within 15 days, your landlord can sell or dispose of the items. Any money made from the sale, after storage and related costs, goes to you if you request it within 30 days.

Tip: Always provide your landlord with a forwarding address. This helps ensure you receive notices about left-behind property and your security deposit refund.

Official Forms and How to Use Them

• Notice of Belief of Abandonment (No official state form number)
  Hawaii law does not provide a standardized form for landlords, but the notice must comply with Section 521-56. If you expect to leave items behind, or if you want to reclaim your property, promptly respond to any written notice from your landlord. For more, see the Hawaii Landlord-Tenant Handbook.
• Application to the Court for Disputes
  If you believe your property was wrongly removed or not properly stored, you may file a complaint in the District Court. For details, visit the Hawaii State Judiciary District Court Civil Division.

Be sure to keep any records or receipts if you reclaim your property or pay fees.

What If You Disagree With the Landlord’s Actions?

If you think your landlord failed to follow the rules, you may have options for recourse. This might include:

• Requesting your share of sale proceeds (if any items were sold)
• Filing a complaint with the Office of Consumer Protection
• Applying to the District Court for damages

Disputes will be handled by the Hawaii District Court Civil Division, which oversees landlord-tenant matters.²

Summary of Your Rights and Duties

• Always read notices about abandoned property carefully
• Act promptly to reclaim items and avoid additional storage costs
• Keep a record of any communications or written notices

Frequently Asked Questions About Abandoned Property in Hawaii

1. What happens if I leave my belongings after moving out?
   Your landlord must send you written notice and store your property for at least 15 days. You have the right to reclaim your items within that period, often by paying any reasonable storage costs.
2. Can my landlord throw away my furniture right after I leave?
   No. Hawaii law requires your landlord to send notice and hold your property for a minimum of 15 days after notice before disposing of or selling it.
3. Do I have to pay storage fees to get my property back?
   Possibly. Landlords may charge you reasonable costs for moving and storing your items. Request an itemized list or receipt if asked to pay fees.
4. How do I get proceeds if my property was sold?
   You must request the proceeds within 30 days after your landlord disposes of your property (after deducting costs). Contact your landlord in writing to claim the funds.
5. Where can I get official help if I think my landlord mishandled my things?
   You can file a complaint with the Hawaii Office of Consumer Protection or file a claim in the District Court Civil Division.

Key Takeaways for Hawaii Renters

• Your landlord must give written notice and store left-behind property for 15 days
• You can reclaim your belongings by paying reasonable storage costs
• If you disagree with your landlord’s handling of your property, state agencies or the courts can help

Knowing these steps helps protect your rights and property if you ever leave something behind when moving out.

Need Help? Resources for Renters in Hawaii

• Office of Consumer Protection Landlord-Tenant Information – Information, forms, and complaint process
• Hawaii District Court Civil Division – Handles landlord-tenant disputes
• Hawaii Landlord-Tenant Handbook – Downloadable guide for renters

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1. Hawaii Revised Statutes, Section 521-56: Disposition of Personalty
2. Hawaii District Court Civil Division – Landlord Tenant Claims

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