What are the security deposit rules in Hawaii?
Hawaii caps security deposits at one month's rent — plus, since November 1, 2013, a separate pet deposit of up to one more month's rent for tenants with a pet (never for assistance animals) — and the landlord must return the deposit within 14 days after the rental agreement ends.
Cited to HRS § 521-44 (a)-(h) and 4 more Hawaii statutes · Verified July 11, 2026
Any withholding requires a written notice within that same 14 days itemizing the grounds with estimates, invoices, or receipts attached; a landlord who misses the deadline forfeits the right to keep anything and owes the whole deposit back, and a wrongful, willful retention can cost three times the amount kept in small claims court, where neither side may bring a lawyer. At move-in the landlord may collect nothing beyond the first month's rent and the deposit — no nonrefundable move-in or pet fees — and may not demand postdated checks. There is no interest or separate-account requirement, deposit suits must be filed within one year, and a tenant who vanishes for 20-plus unpaid days without notice forfeits the entire deposit.
Hawaii security deposits at a glance
| Maximum deposit | 1 month's rent — A separately agreed pet deposit of up to one additional month's rent may also be charged where the rental agreement allows a pet, so two months total is possible. At move-in nothing beyond the first month's rent and the deposit may be required. The pet deposit covers damage by a pet animal allowed under the rental agreement. It may not be demanded from tenants without a resident pet, and may never be charged for an assistance animal that is a reasonable accommodation under HRS 515-3. The bar on requiring or receiving ANY money beyond the first month's rent and the security deposit at the start of a tenancy is HRS 521-44(b); a cost-based application screening fee before tenancy is separately authorized by HRS 521-46 (enacted 2023). |
|---|---|
| Return deadline | 14 days |
| Deadline conditions | The clock runs from termination of the rental agreement. No tenant demand and no forwarding address is required to start it, and anything the landlord keeps must arrive with a written retention notice and supporting evidence inside the same window (HRS 521-44(c)). The deposit or remaining balance, with the written retention notice and supporting evidence if anything is withheld, must be returned not later than 14 days after the termination of the rental agreement (HRS 521-44(c)). Compliance is presumptively proven by mailing to an address the tenant supplied, with acceptable proof of mailing postmarked before midnight of the fourteenth day, or by the tenant's acknowledged receipt within the window. A tenant who is absent 20+ continuous days without written notice (and without rent paid for the period) is deemed to have wrongfully quit and forfeits the entire deposit (521-44(d)). |
| Itemization required | Yes |
| Itemization rules | If the landlord proposes to retain any amount, the landlord must notify the tenant in writing with the particulars of and grounds for the retention, including written evidence of costs — estimates or invoices for materials and services, and receipts for cleaning supplies, equipment, or services (HRS 521-44(c)). Deposit uses are limited to the purposes listed in 521-44(a): damage from breach of the tenant's 521-51 duties, unpaid rent, unreturned keys/fobs/parking cards/garage openers/mailbox keys, end-of-tenancy cleaning to move-in condition, wrongful-quit damages, pet damage, and landlord-provided utility arrears. 'Normal wear and tear' is defined in HRS 521-8 (deterioration by ordinary and reasonable use, but missing items are not wear and tear). |
| Separate account required | No |
| Interest owed to tenant | No |
| Account & interest rules | Chapter 521 requires no interest and no separate, trust, or escrow account. The tenant's claim to the deposit simply has priority over the landlord's creditors, even if the money is commingled (HRS 521-44(b)). No section of chapter 521 requires interest on deposits or a separate, trust, or escrow account. 521-44(b) expressly gives the tenant's claim priority over the landlord's creditors 'even if the security deposits are commingled.' The DCCA Office of Consumer Protection's official handbook states the same: interest is not required by law. |
| Pet deposits | Expressly authorized and separately capped since November 1, 2013 (Act 206 (2013), S.B. 328): an additional pet-damage deposit of up to one month's rent, on top of the general one-month cap, applicable to rental agreements entered into on or after 2013-11-01. It may not be required from tenants without a pet in residence, and never for an assistance animal that is a reasonable accommodation under HRS 515-3. It is part of the 'security deposit' scheme, so the 14-day return, itemization, forfeiture, and treble-damage rules all apply. |
| Non-refundable fees allowed | No |
| Penalty for violation | A landlord who misses the 14-day deadline forfeits the right to keep any part of the deposit and must return all of it. On top of that, a court may award the tenant three times any amount that was wrongfully AND wilfully retained (HRS 521-44(c), (h)(1)). The penalty runs in two stages. First, missing the 14-day notice-and-return deadline automatically forfeits the landlord's right to retain any part of the deposit: the entire amount must be returned (HRS 521-44(c)). Second, in a small-claims action, a court MAY award the tenant three times the amount wrongfully and wilfully retained plus costs (521-44(h)(1)); merely wrongful retention yields the amount retained plus costs (h)(2). Deposit disputes go only to the small claims division, where neither side may be represented by an attorney (521-44(g), (h)(4)). Suits must be filed within one year after termination. |
| Tenant forwarding-address duty | No affirmative statutory duty. Mailing the refund and notice to 'an address supplied to the landlord by the tenant' with proof of mailing gives the landlord presumptive proof of compliance (521-44(c)), so tenants are well advised to supply one, but the 14-day clock runs regardless. |
Cite this page: "Landlord Atlas, Hawaii Security Deposit Laws (verified July 11, 2026), landlordatlas.com/laws/security-deposits/hawaii/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the Hawaii statute in the citations section below.
Generate a Hawaii security-deposit return letter — free, no signup, built on the same verified Hawaii rules as this page.
Notes and caveats
- Stale-source trap: the pet deposit is EXTRA — two months total is legal — Charts saying Hawaii's one-month cap covers all deposits 'including pet deposits' have been wrong since November 1, 2013 — Act 206 (2013, S.B. 328, approved June 26, 2013) added an ADDITIONAL pet deposit of up to one month's rent for rental agreements entered into on or after that date, so a pet household can lawfully be charged two months total.
- No nonrefundable move-in fees — the only carve-out is the screening fee — 521-44(b) bars requiring or receiving any money at the beginning of a rental agreement other than first month's rent and the security deposit, so inception-time nonrefundable fees are unlawful. The one statutory carve-out is the pre-tenancy application screening fee (HRS 521-46, Act 200 (2023)), which must be cost-based with unused amounts returned within 30 days.
- Treble damages are discretionary — and need wrongful PLUS wilful — the three-times award under 521-44(h)(1) is a 'may' and requires retention that is BOTH wrongful and wilful; plain wrongful retention gets a mandatory award of the amount retained plus costs.
- Using the deposit as last month's rent takes two steps — a written mutual agreement plus the tenant's 45 days' notice of vacating (521-44(b)).
- Postdated checks are banned — 521-44(e) separately bars requiring postdated checks.
- When the building sells — the buyer must notify tenants of credited deposits within 20 days, or a deposit of at least one month's rent is presumed (521-44(f)).
- A stable statute — the section was last amended by Act 29 (2015) (keys/fobs and utility-arrears language), with no 2016–2026 amendments — the 2026 session adjourned sine die May 8, 2026 with no chapter 521 acts. The official statute page, the Act 206 slip law, and the official DCCA 2024 handbook all carry the same figures.
Common questions: Hawaii security deposits
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- How much can a landlord charge for a security deposit in Hawaii?
- 1 month's rent — A separately agreed pet deposit of up to one additional month's rent may also be charged where the rental agreement allows a pet, so two months total is possible. At move-in nothing beyond the first month's rent and the deposit may be required.
- How long does a landlord have to return a security deposit in Hawaii?
- 14 days. The clock runs from termination of the rental agreement. No tenant demand and no forwarding address is required to start it, and anything the landlord keeps must arrive with a written retention notice and supporting evidence inside the same window (HRS 521-44(c)).
- What happens if a landlord does not return the deposit on time in Hawaii?
- A landlord who misses the 14-day deadline forfeits the right to keep any part of the deposit and must return all of it. On top of that, a court may award the tenant three times any amount that was wrongfully AND wilfully retained (HRS 521-44(c), (h)(1)).
- Do landlords have to pay interest on security deposits in Hawaii?
- No — Hawaii does not require interest on the security deposit to be paid to the tenant. Chapter 521 requires no interest and no separate, trust, or escrow account. The tenant's claim to the deposit simply has priority over the landlord's creditors, even if the money is commingled (HRS 521-44(b)).
- Can a landlord charge a non-refundable fee in Hawaii?
- No — non-refundable fees are not allowed in Hawaii.
Statute citations
- HRS § 521-44 (a)-(h) (verified 2026) Official source
- Act 206, Session Laws of Hawaii 2013 (S.B. 328) (slip law) §§ 1, 3 (verified 2026) Official source
- HRS § 521-66 (verified 2026) Official source
- HRS § 521-46 (a)-(c) (verified 2026) Official source
- DCCA Office of Consumer Protection, Landlord-Tenant Handbook (2024) (verified 2026) Official source
How this record was verified: Direct read of statute text on the official Hawaii State Legislature site (capitol.hawaii.gov, hrscurrent edition): sections 521-44, 521-21, 521-53, and 521-71 each read twice with character-identical results, and every decisive figure additionally reconciled against two more official documents — the Session Laws of Hawaii act PDFs on capitol.hawaii.gov (Act 179 (2017), S.B. 119, which sets out amended section 521-21 in full including the 45-day/15-day rent-increase notices and the 8 per cent late-charge cap, effective 2017-11-01 with an entered-into-or-renewed applicability clause; Act 206 (2013), S.B. 328, which sets out amended section 521-44(a)-(b) including the one-month cap plus the additional one-month pet deposit, applicable to agreements entered into on or after 2013-11-01) and the Department of Commerce and Consumer Affairs Office of Consumer Protection's official 2024 Landlord-Tenant Handbook (cca.hawaii.gov), which matches on the 14-day return, forfeiture rule, treble small-claims penalty, one-year limitation, two days' entry notice, 45-day termination and rent-increase notices, 8 per cent cap and its 2017-11-01 applicability, and the no-interest negative. Also read in full: 521-7, 521-8, 521-10, 521-22, 521-31, 521-43, 521-46, 521-63, 521-66, 521-70, 521-73, 521-74, 521-75, 521-77, 521-85, 666-20, and 127A-30. Verified negatives (no deposit interest, no separate-account rule, no grace period, no rent-increase frequency or size tiers, no express rent-control preemption) each run against the full chapter 521 table of contents sweep. Legislative check 2026-07-11 on official capitol.hawaii.gov status pages and the LRB Bills Passed 2026 list: the 2026 regular session adjourned sine die 2026-05-08 ending the 2025-2026 biennium; no 2025 or 2026 act amended any topic section; SB 2539 (3% rent cap), SB 347 (late fee 8%-to-5%), HB 464 (60/90-day notices), HB 693 (increase increments), and SB 822 (code working group) all died.