Overview
Hawaii has clear and tenant-friendly security deposit laws governed by the Residential Landlord-Tenant Code (Haw. Rev. Stat. § 521-1 et seq.). The law caps deposits at one month's rent and requires a quick 14-day return timeline, making Hawaii one of the faster states for deposit returns.
This guide covers everything landlords and tenants need to know about security deposits in Hawaii.
Deposit Limits
Hawaii law sets a straightforward maximum security deposit:
- All residential tenancies: Maximum of 1 month's rent
Unlike some states, Hawaii does not require landlords to hold the deposit in a separate account or pay interest on the deposit. However, landlords must comply with all return and accounting requirements.
cite: Haw. Rev. Stat. § 521-44(b)
Allowable Deductions
Landlords may deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Costs for repairing tenant-caused damage to the unit
- Cleaning: Costs to restore the unit to the condition at the start of the tenancy, minus normal wear and tear
- Other lease obligations: Costs arising from the tenant's failure to comply with the rental agreement
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs on walls and floors
- Small nail holes from hanging pictures
- Worn carpet from regular foot traffic
- Faded paint from sunlight exposure
- Minor marks around light switches and door handles
Damage beyond normal wear and tear includes:
- Large holes in walls or doors
- Stained, burned, or torn carpet
- Broken windows, fixtures, or appliances
- Damage from unauthorized pets
- Excessive filth requiring professional cleaning
Return Timeline
Landlords must return the security deposit within 14 days of the later of:
- The tenant vacating the unit, or
- The landlord receiving the tenant's forwarding address
The return must include:
- The remaining deposit amount (after any deductions)
- An itemized written statement listing each deduction and the corresponding amount
If the landlord fails to return the deposit or provide the required itemized statement within 14 days, the landlord may be liable for the full deposit amount plus damages. If the landlord's retention was in bad faith, the court may award additional penalties.
cite: Haw. Rev. Stat. § 521-44(c)
Pre-Move-Out Inspection
Hawaii does not have a statutory requirement for a pre-move-out inspection. However, conducting a joint walkthrough before the tenant vacates is strongly recommended to document the condition of the unit and minimize disputes over deductions.
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a demand letter to the landlord requesting the return of the deposit
- File a claim in District Court (small claims division handles cases up to $5,000)
- File a complaint with the Hawaii Office of Consumer Protection
If the court finds the landlord wrongfully withheld the deposit, the tenant may recover the amount withheld plus court costs. Tenants may also seek damages if the landlord acted in bad faith.