Hawaii security deposit law

• Return the deposit, or the balance with a written notice of reasons and cost evidence for anything kept, within 14 days after the rental agreement ends.

Compliance is presumed if the refund or notice is mailed to an address the tenant supplied, with proof of mailing, postmarked by midnight of the 14th day, or if the tenant acknowledges receipt within 14 days.

Required: Yes. Written notice of the particulars and grounds for keeping any amount, with written evidence of costs such as estimates, invoices, or cleaning receipts.

The deposit may cover damages from the tenant's failure to meet tenant duties, unpaid rent, unreturned keys and fobs, cleaning to restore move-in condition (normal wear and tear excepted), losses from wrongfully quitting, pet damage, and unpaid landlord-provided utilities. No other uses are allowed.

At the start of a tenancy the landlord may not require any money other than the first month's rent and the security deposit. A rental application screening fee is governed separately (§ 521-46).

• Interest required: No. No interest requirement.
• Separate account required: No. No separate account required. Deposits may be commingled, but the tenant's claim comes before the landlord's creditors.
• Move-in inspection required: Yes. Before occupancy the landlord must make a written inventory of the condition of the premises and furnishings, signed by both (§ 521-42). Without it, the unit is presumed to be in the same condition as at move-in unless the landlord proves otherwise.

Wrongful and willful retention: the court may award three times the amount wrongfully kept plus costs. Wrongful retention: the amount wrongfully kept plus costs (§ 521-44(h)).

Missing the 14-day notice forfeits the right to keep any of the deposit. Triple damages require retention that is both wrongful and willful.

Small claims is generally limited to $5,000, but there is no dollar limit for a tenant's claim for return of a residential security deposit. Attorneys may not represent either side in these cases. Court information

Before filing, many tenants send a written demand first. Write a Hawaii demand letter →

• A suit to recover a deposit must be filed within one year after the rental agreement ends.
• A tenant absent 20 or more days without notice (and without paying rent) is treated as having wrongfully quit, and the landlord may keep the whole deposit.
• The deposit can't be used as last month's rent unless both agree in writing and the tenant gives 45 days' notice of vacating.
• A new owner must tell tenants within 20 days how much deposit is credited; otherwise the deposit is presumed to be at least one month's rent.

• Haw. Rev. Stat. § 521-44 Retrieved October 11, 2026.
• Hawaii Residential Landlord-Tenant Handbook (DCCA Office of Consumer Protection, rev. 11/2024) Retrieved October 11, 2026.
• Hawaii State Judiciary, Small Claims information Retrieved October 11, 2026.

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.