Home › Security Deposit Laws › Hawaii

Hawaii Security Deposit Laws (2026)

Hawaii limits what a landlord can collect at move-in to the first month's rent and the deposit. A landlord that keeps any part of the deposit must back it up with receipts, estimates or invoices.

By Lamuko Editorial Team✓ Checked against official statute textUpdated

Hawaii deposit rules at a glance

Maximum deposit1 month's rent, plus an agreed pet deposit of up to 1 month (none for assistance animals)
Return deadline14 days after the rental agreement ends
Itemized listWritten notice of grounds with evidence of costs (estimates, invoices, receipts)
InterestNot required
PenaltyLate notice: entire deposit returned; wrongful and wilful: court may award 3× + cost of suit
Deadline to sue1 year after termination

Verified 2026-10-17 against HRS § 521-44. Calculate your Hawaii deadline →

Timeline: move-in to refund

  1. Move-inOnly the first month's rent and the deposit may be collected.
  2. 45 days before leavingIf you and the landlord agree in writing, the deposit can count as last month's rent.
  3. Day 14Refund, or written notice with evidence of costs, due (postmark by midnight of day 14 counts).
  4. 1 yearLast day to sue over the deposit.

What the deposit can cover

Under HRS § 521-44(a), a deposit may be used only to:

The cap and move-in money

The deposit may not exceed one month's rent. A landlord may also take an agreed pet deposit of up to one month's rent, but only from tenants with a pet living there, and never for an assistance animal that is a reasonable accommodation. At the start of a tenancy, the landlord may not collect any money other than the first month's rent and the deposit. The deposit is not last month's rent unless you agree in writing after giving 45 days' notice of vacating (§ 521-44(b)).

14 days with evidence

To keep any amount, the landlord must notify you in writing of the particulars and grounds, with written evidence of costs, such as estimates or invoices for repairs and receipts or invoices for cleaning. The remainder must be returned within 14 days after the agreement ends. A mailing postmarked before midnight of day 14, to an address you supplied, is presumed to comply (§ 521-44(c)).

Late means the whole deposit. If the landlord does not give the notice and evidence within 14 days, it may not keep any of the deposit. One exception: if you were absent for 20 or more days in a row without written notice and without rent being paid, you are treated as having wrongfully quit, and the landlord may keep the deposit (§ 521-44(d)).

Small claims without lawyers

Either side can bring a deposit dispute in the small claims division of the district court, and neither side may be represented by an attorney there. If the court finds wrongful and wilful retention, it may award three times the amount retained plus the cost of suit. If the retention was wrongful but not wilful, it awards the amount plus costs. You must sue within one year after the agreement ends. A new owner must tell you within 20 days what deposit it holds for you, or it is presumed to hold at least one month's rent (§ 521-44(f)–(h)). Our calculator counts 14 days.

Steps to recover a Hawaii deposit

  1. Check that only the first month's rent and the deposit were collected at move-in.
  2. Return every key, fob and remote.
  3. Give a forwarding address.
  4. After 14 days, demand the full deposit if no notice with evidence arrived.
  5. File in the small claims division within one year.

Compare other states

California also caps deposits at one month. Alaska and Washington use their own deadlines.

Frequently asked questions

What is the maximum security deposit in Hawaii?

One month's rent, plus an agreed pet deposit of up to one month (none for assistance animals).

How long does a Hawaii landlord have to return a deposit?

14 days after the rental agreement ends, with written evidence for any amount kept.

What is the penalty in Hawaii?

A late landlord must return the entire deposit; for wrongful and wilful retention, the court may award three times the amount.

Can I have a lawyer in a Hawaii deposit case?

Not in the small claims division under § 521-44(h).

Sources

  1. HRS § 521-44 (Hawaii State Legislature)

Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.

Other state guides

Browse 50 other states

Not legal advice. Lamuko Rent Laws provides general legal information about state statutes, not legal advice, and using this site does not create an attorney-client relationship. Laws change and courts interpret them; city and county ordinances (for example Chicago, San Francisco or New York City rules) can be stricter than state law, and your lease or a subsidized-housing program may add terms. Fields marked “Verify with statute” have not yet been confirmed by us against the official text. Check the linked statute or talk to a licensed attorney or local legal-aid office before acting.