Breaking a Lease in Hawaii

Hawaii Security Deposit Law — Limits & Deadlines (2026)

By Oleg Kachko · Updated June 10, 2026

✓ Law Verified June 2026

This guide explains hawaii security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from Hawaii law, verified as of June 2026.

Hawaii Security Deposit Rules at a Glance

Maximum deposit 1 month’s rent for unfurnished units; 2 months’ rent for furnished units. Landlords may also collect an additional pet deposit of up to 1 month’s rent if the tenant keeps a pet.
Return deadline 14
Itemized deductions required YES. The landlord must provide a written itemized list of all deductions along with receipts, invoices, bills, or other documentation showing the actual costs incurred. This must be mailed or delivered within 14 days after lease termination and the tenant vacating the unit. Under HRS 521-44, a landlord is in compliance if the notice is postmarked before midnight on the 14th day after the termination date.
Interest on deposit required NO. Hawaii state law does not require landlords to pay interest on security deposits, and there is no requirement to hold the deposit in an interest-bearing account.
Penalty for late/bad-faith return If the landlord fails to return the deposit or provide the required written itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit. If the court finds the landlord wrongfully and willfully retained the deposit or any part of it, the tenant may be awarded up to 3 times (treble) the amount wrongfully withheld, plus court costs. Attorneys cannot represent either party in security deposit small claims cases unless the attorney is the landlord or tenant personally.

Move-in/move-out walkthrough: Hawaii state law does not mandate a move-in or move-out walkthrough inspection. However, it is strongly recommended that tenants complete a written move-in/move-out condition report (checklist) documenting the state of the unit with photos, signed by both parties. This documentation is critical evidence in any security deposit dispute.

Separate deposit account: NO. Hawaii law does not require landlords to hold the security deposit in a separate bank account. The deposit may be commingled with the landlord’s other funds. However, under HRS 521-44, the tenant’s claim to the security deposit has priority over the claims of any creditor of the landlord, including a trustee in bankruptcy, even when the funds are commingled.

What Your Landlord Can and Cannot Deduct in Hawaii

Unpaid rent owed by the tenant; accidental or intentional damage to the unit beyond normal wear and tear; cleaning costs if the tenant did not leave the unit in as clean a condition as it was at move-in; failure to return keys; damages caused by pet animals; unpaid utility charges that were the tenant’s responsibility but provided by the landlord and not included in rent.

Normal wear and tear vs damage: Hawaii law distinguishes normal wear and tear from tenant-caused damage. Normal wear and tear includes the natural decline in condition from reasonable everyday use — such as faded paint or carpet from sunlight, minor scratches on wood floors, small nail holes, worn keys or lock mechanisms, minor scuff marks on walls, and slightly loose cabinet handles or doorknobs.

Landlords cannot deduct for these. Tenant damage includes large holes in walls, broken appliances, stained or burned carpet, broken windows, and similar damage caused by negligence, abuse, or accidents.

How to Get Your Deposit Back in Hawaii

Step 1: Send the landlord a written demand letter requesting the return of your deposit (keep a copy and use certified mail). Step 2: If the landlord does not respond or refuses, file a claim in Hawaii Small Claims Court (District Court) in the district where the rental property is located. There is no monetary limit for security deposit cases in small claims court. The filing fee is approximately 35.

Step 3: You must file within 1 year after the termination of the rental agreement. The case is typically scheduled within 30 days of filing. Step 4: Bring all evidence — your lease, move-in/move-out photos, the itemized deduction statement (or proof none was provided), receipts, and correspondence. Many tenants can recover up to 3 times the amount wrongfully withheld if the court finds willful bad faith retention.

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Other Hawaii deposit rules: Hawaii’s security deposit law is administered by the Department of Commerce and Consumer Affairs (DCCA) Office of Consumer Protection, not the Attorney General’s office directly. The tenant’s claim to the deposit is given statutory priority over all creditors of the landlord, including in bankruptcy — this is a notable Hawaii-specific protection.

Compliance with the 14-day return deadline is presumptively proven if mailed with acceptable proof of mailing and postmarked before midnight of the 14th day.

Attorneys are prohibited from representing parties in security deposit small claims cases (unless the attorney is personally the landlord or tenant). There is no monetary cap on security deposit claims filed in small claims court, unlike regular small claims cases which have dollar limits. The additional pet deposit (up to 1 month’s rent) is separate from the standard security deposit cap.

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Official Hawaii Sources & Resources

Understanding Hawaii Security Deposit Law

Your Hawaii security deposit is your money until the landlord proves a lawful deduction. Hawaii security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the Hawaii security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.

Document the condition of your unit at move-in and move-out — photos are the best protection for your Hawaii security deposit.

This Hawaii security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.

More Hawaii Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.