Security Deposit Laws in Hawaii
Based on Haw. Rev. Stat. § 521-44 · Last verified 2026
Hawaii Security Deposit at a Glance
- Return Deadline
- 14 days after move-out
- Penalty for Late Return
- 3x the withheld amount
- Statute
- Haw. Rev. Stat. § 521-44
- Max Deposit
- 1 month's rent
- Itemized Statement Required
- Yes (within 14 days)
- Walk-Through Required
- No
- Interest on Deposit
- No
- Small Claims Limit
- $5,000
- Filing Fee
- ~$35
Your Rights Under Haw. Rev. Stat. § 521-44
Under Haw. Rev. Stat. § 521-44, landlords in Hawaii must return a tenant's security deposit — or the balance after lawful deductions — within 14 days after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within 14 days. Failure to provide this statement is independently actionable.
If a landlord fails to return the deposit within 14 days, Hawaii law provides for 3x the wrongfully withheld amount as damages.
What Your Landlord CAN Deduct
These deductions are permissible under Hawaii law when properly documented.
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning if lease requires and unit was left dirty
- Lease-break fees if specified in lease
- Costs to replace items tenant removed or kept
What Your Landlord CANNOT Deduct
These deductions are illegal in Hawaii. If your landlord charged you for any of these, you have grounds to dispute them.
- Normal wear and tear (minor scuffs, small nail holes, faded paint)
- Carpet replacement after useful life (typically 7-10 years)
- Painting after 2+ year tenancy (normal wear)
- Pre-existing damage not noted at move-in
- Upgrades or improvements beyond restoring to original condition
- Costs to fix landlord deferred maintenance
Small Claims Court in Hawaii
- Court
- Small Claims Court
- Claim Limit
- $5,000
- Filing Fee
- ~$35
If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.
Frequently Asked Questions
How long does my landlord have to return my deposit in Hawaii?
Under Haw. Rev. Stat. § 521-44, landlords in Hawaii must return the security deposit within 14 days after the tenancy ends. They must also provide an itemized statement of any deductions within 14 days.
What happens if my Hawaii landlord doesn't return my deposit on time?
If a landlord fails to return the deposit within 14 days, Hawaii law provides for 3x the wrongfully withheld amount as damages. You can send a formal demand letter and, if ignored, file in Small Claims Court without an attorney.
Can my landlord deduct for normal wear and tear in Hawaii?
No. Under Haw. Rev. Stat. § 521-44, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in Hawaii. Only damage beyond normal wear and tear is a valid deduction.
How do I file a small claims case for my security deposit in Hawaii?
File in Small Claims Court in the county where the rental property is located. The filing fee is approximately $35, and Hawaii's small claims limit is $5,000. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation. This information is based on Haw. Rev. Stat. § 521-44 as of 2026. Laws change. Verify current statutes at your state legislature's website.