Hawaii security deposit law

Security Deposit Laws in Hawaii: What Your Landlord Can and Cannot Keep

Your landlord has 14 days under Hawaii law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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Hawaii security deposit return timeline

Deadline to return

14 days

Statute

Haw. Rev. Stat. § 521-44 — subsec. (c) (14-day duty, forfeiture, 1-year limit); (g) (small claims); (h) (damages)

The deposit, or the portion remaining after authorized retentions, must be returned no later than 14 days after termination of the rental agreement. If the landlord proposes to retain any amount, it must notify the tenant IN WRITING within that same 14 days with the particulars of and grounds for the retention, INCLUDING WRITTEN EVIDENCE of costs — estimates or invoices for materials and services, receipts for cleaning supplies and equipment, or charges for cleaning services. If the landlord does not furnish that notice and information within 14 days, the landlord SHALL NOT be entitled to retain the deposit or any part and must return the entire amount. Compliance is presumptively proven by mailing to an address supplied by the tenant with acceptable proof of mailing, postmarked before midnight of the 14th day. HARD DEADLINE FOR THE RENTER: all actions to recover a retained deposit must be instituted NOT LATER THAN ONE YEAR after termination of the rental agreement. EXCEPTION: none of this protects a tenant who 'wrongfully quit' — defined in (d) as absence for 20+ continuous days without written notice, in which case the landlord may retain the entire deposit.

What can a landlord legally deduct in Hawaii?

Allowed

  • ✓Tenant defaults for accidental or intentional damage from failure to comply with § 521-51
  • ✓Failure to pay rent due
  • ✓Failure to return all keys, including key fobs, parking cards, garage door openers and mailbox keys
  • ✓Cleaning the unit to the condition the tenant received it in
  • ✓Damages caused by a tenant who wrongfully quits
  • ✓Pet damage where a pet deposit was agreed
  • ✓Money owed for landlord-provided utility service not included in rent

Not allowed

  • ✗Any purpose not listed in subsec. (a) — subsec. (b) permits a deposit 'for the items in subsection (a) and no others'
  • ✗The entire deposit if the 14-day written notice and evidence were not furnished
  • ✗Use as last month's rent unless mutually agreed in writing with 45 days' notice of vacating

What if your landlord keeps your deposit wrongfully in Hawaii?

Disputes go to the SMALL CLAIMS DIVISION of the district court (subsec. (g)). Under (h): (1) if the landlord WRONGFULLY AND WILFULLY retained, the court MAY award THREE TIMES (3x) the amount wrongfully and wilfully retained plus cost of suit; (2) if the landlord WRONGFULLY retained, the court SHALL award the amount wrongfully retained plus cost of suit (1x); (3) if the landlord WAS entitled to retain, the court shall award the LANDLORD the disputed amount plus cost of suit — THE RENTER CAN LOSE MONEY BY FILING. CRITICAL: subsec. (h)(4) provides that 'in any such action, neither the landlord nor the tenant may be represented by an attorney, including salaried employees of the landlord or tenant.' NO ATTORNEY'S FEES ARE AVAILABLE and the renter cannot bring counsel. NEVER promise a Hawaii renter fees or representation.

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing Haw. Rev. Stat. § 521-44 — subsec. (c) (14-day duty, forfeiture, 1-year limit); (g) (small claims); (h) (damages) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

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Hawaii tenant rights resources

Every fact on this page is verified against Hawaii's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Hawaii.

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TenantNex is a document preparation and delivery service, not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.