What the deposit can cover
Under HRS § 521-44(a), a deposit may be used only to:
- remedy damage, unpaid rent, or failure to return keys, fobs, parking cards and remotes;
- clean the unit back to its move-in condition;
- compensate for a tenant who wrongfully quits;
- cover damage by an allowed pet;
- pay for utility service the landlord provided outside the rent.
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)).
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
- Check that only the first month's rent and the deposit were collected at move-in.
- Return every key, fob and remote.
- Give a forwarding address.
- After 14 days, demand the full deposit if no notice with evidence arrived.
- 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
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.