HRS § 521-44: Hawaii Security Deposit Law

How much (521-44(b))

• A deposit may not exceed one month's rent, plus an agreed pet deposit of up to one more month's rent. A pet deposit may not be required from tenants without a pet, or for an assistance animal that is a reasonable accommodation for a disability.
• At the start of a rental agreement, the landlord may not require any money other than the first month's rent and the security deposit.
• The deposit is not the last month's rent unless both parties agree in writing and the tenant gives 45 days' notice of vacating.

Allowed uses (521-44(a))

• Tenant damage, unpaid rent, unreturned keys and access devices, cleaning to move-in condition, damages from a tenant who wrongfully quits, pet damage, and unpaid landlord-provided utilities not included in rent.

14-day return (521-44(c))

• The deposit, or the remainder after allowed deductions, must be returned within 14 days after the rental agreement ends. To keep any amount, the landlord must give written notice of the grounds with written evidence of costs (such as estimates, invoices, or receipts) within those 14 days, or the landlord must return the entire deposit.
• Suits over a retained deposit must be filed within one year after the rental agreement ends.

Remedies (521-44(g)-(h))

• Either side may file in small claims court, where neither may be represented by an attorney. If the landlord wrongfully and willfully kept the deposit, the court may award three times the amount wrongfully kept, plus costs.

Frequently asked questions

Sources

• HRS § 521-44 (official text)